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European Environment Agency and the European Environment Information and Observation Network Regulation
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Article 1: This Regulation provides for the European Environment Agency, hereinafter referred to as ‘the Agency’, and aims at the setting up of a European Environment Information and Observation Network.
Article 2: For the purposes of achieving the objective set out in Article 1, the tasks of the Agency shall be:
Article 3: The principal areas of activity of the Agency shall, as far as possible, include all elements enabling it to gather the information making it possible to describe the present and foreseeable state of the environment from the following points of view:
Priority shall be given to the following areas of work:
The socioeconomic dimension shall also be taken into account.
In its activities the Agency shall avoid duplicating the existing activities of other institutions and bodies.
Article 4: The Network shall comprise:
Member States shall, as appropriate, cooperate with the Agency and contribute to the work of the European Environment Information and Observation Network in accordance with the work programme of the Agency by collecting, collating and analysing data nationwide.
Member States may also join to cooperate in these activities at a transnational level.
An institution thus identified should be in a position to conclude an agreement with the Agency to act as a topic centre of the Network for specific tasks.
These centres shall cooperate with other institutions which form part of the Network.
Article 5: The Agency may agree with the institutions or bodies which form part of the Network, as referred to in Article 4, upon the necessary arrangements, in particular contracts, for successfully carrying out the tasks which it may entrust to them.
A Member State may provide, as regards the national institutions or organisations in its territory, that such arrangements with the Agency shall be made in agreement with the national focal point.
Article 6: Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.
Article 7: The Agency shall have legal personality. It shall enjoy in all the Member States the most extensive legal capacity accorded to legal persons under their laws.
Article 8: The Agency shall have a Management Board consisting of one representative of each Member State and two representatives of the Commission. In addition, there may be one representative of each other country which participates in the Agency, in accordance with the relevant provisions.
In addition, the European Parliament shall designate, as members of the Management Board, two scientific personalities particularly qualified in the field of environmental protection, who shall be chosen on the basis of the personal contribution they are likely to make to the Agency’s work.
Each member of the Management Board may be represented by an alternate member.
The Management Board shall elect a bureau to which it may delegate executive decisions, according to the rules that it shall adopt.
Article 9: The Agency shall be headed by an Executive Director appointed by the Management Board on a proposal from the Commission for a period of five years, which shall be renewable.
The Executive Director shall be the legal representative of the Agency.
The Executive Director shall be responsible:
Article 10: The Management Board and the Executive Director shall be assisted by a scientific committee which shall deliver an opinion where provided for in this Regulation and on any scientific matter concerning the Agency’s activity which the Management Board or the Executive Director may submit to it.
The opinions of the scientific committee shall be published.
Article 11: Estimates shall be drawn up of all the Agency’s revenue and expenditure for each financial year, which shall correspond to the calendar year, and shall be entered in the Agency’s budget.
Article 12: Each year the Management Board, on the basis of a draft drawn up by the Executive Director, shall produce a statement of estimates of revenue and expenditure of the Agency for the following financial year. This statement of estimates, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest.
The budgetary authority shall adopt the establishment plan for the Agency.
Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks after the date of notification of the project.
Article 13: The Executive Director shall implement the budget of the Agency.
Article 14: The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities ( 7 ) unless such departure is specifically required for the Agency’s operation and the Commission has given its prior consent.
Article 15: The Agency shall actively seek the cooperation of other Community bodies and programmes, and notably the Joint Research Centre, the Statistical Office of the European Communities (Eurostat) and the Community’s environmental research and development programmes. In particular:
Article 16: The Protocol on the Privileges and Immunities of the European Communities shall apply to the Agency.
Article 17: The staff of the Agency shall be subject to the Regulations and Rules applicable to officials and other servants of the European Communities.
The Agency shall exercise in respect of its staff the powers devolved to the Appointing Authority.
The Management Board shall, in agreement with the Commission, adopt the appropriate implementing rules.
Article 18: The contractual liability of the Agency shall be governed by the law applicable to the contract in question. The Court of Justice shall have jurisdiction to give judgment pursuant to an arbitration clause contained in a contract concluded by the Agency.
The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage.
Article 19: The Agency is open to countries which are not members of the Community but which share the concern of the Community and the Member States for the objectives of the Agency under agreements concluded between them and the Community following the procedure in Article 300 of the Treaty.
Article 20: Regulation (EEC) No 1210/90, as amended by the Regulations listed in Annex II, is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 21: This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . Official Journal of the European Union
Recital 1
Recital 2
Recital 3
Recital 4
Recital 5
Recital 6
Recital 7
Recital 8
Recital 9
Recital 10
Recital 11
Recital 12
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 23 April 2009.