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Regulation (EU) 2022/2370 of the European Parliament and of the Council of 23 November 2022 amending Regulation (EC) No 851/2004 establishing a European centre for disease prevention and control

32022R2370

Den Europæiske UnionForordning2022

European Union

§ Article 70

Article 70 of Regulation (EU, Euratom) 2018/1046 shall apply to the discharge of the Centre’s budget, its audits and accounting rules.

;

(27) Article 25 is amended as follows:

(a) paragraph 1 is replaced by the following:

  1. Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council

Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).;

shall apply to the Centre without restriction.

(b) paragraph 3 is replaced by the following:

  1. The decisions concerning funding and the implementing agreements and instruments resulting therefrom shall explicitly indicate that the EPPO may exercise its competences, including its competence to investigate, and that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Centre’s funding and the agents responsible for allocating it, in accordance with their respective legal frameworks.

;

(c) the following paragraph is added:

  1. Without prejudice to paragraphs 1 to 3, working arrangements with third countries and with international organisations, grant agreements, grant decisions and contracts of the Centre shall grant the necessary rights and access required by the Court of Auditors, OLAF and the EPPO, in the exercise of their respective competences.

;

(28) Article 26 is amended as follows:

(a) paragraph 1 is replaced by the following:

  1. The Centre shall be a body of the Union. It shall have legal personality.

;

(b) the following paragraph is inserted:

1a.

In each of the Member States, the Centre shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings.

;

(c) paragraph 2 is replaced by the following:

  1. Protocol No 7 on the Privileges and Immunities of the European Union annexed to the Treaties shall apply to the Centre and its staff.

;

(29) in Article 27, paragraph 1 is replaced by the following:

  1. The contractual liability of the Centre shall be governed by the law applicable to the contract in question. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Centre.

;

(30) Article 28 is replaced by the following:

Article 28

Examination of legality

  1. Member States, members of the Management Board and third parties directly and individually concerned may refer any act of the Centre, whether express or implied, to the Commission for examination of the legality of that act (administrative appeal).
  1. Any administrative appeal shall be made to the Commission within 15 days of the day on which the party concerned first became aware of the act in question.
  1. The Commission shall take a decision within one month. If no decision has been taken within that period, the administrative appeal shall be deemed to have been dismissed.
  1. An action for annulment of the Commission’s explicit or implicit decision referred to in paragraph 3 of this Article to dismiss the administrative appeal may be brought before the Court of Justice of the European Union in accordance with Article 263 TFEU.

;

(31) the following article is inserted:

Article 30a

Committee procedure

  1. The Commission shall be assisted by the committee on serious cross-border threats to health established by Regulation (EU) 2022/2371. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).;

.

  1. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

(32) Article 31 is replaced by the following:

Article 31

Review clause

  1. By 2025, the Commission shall submit a report to the European Parliament, the Council and the Management Board on the Centre’s activities, including an assessment of:

(a) how the Centre progressed with implementing the amended mandate in light of the COVID-19 pandemic;

(b) the Centre’s compliance with the obligations laid down in Regulation (EU) 2022/2371 and other relevant Union legislation;

(c) how effectively the Centre’s activities address international, Union or national health priorities;

(d) the extent to which the work of the Centre is targeted at and affects Member States’ capacities.

The report shall reflect the views of the stakeholders, at both Union and national level.

The report shall be accompanied by an independent study commissioned by the Commission.

  1. By 2025, and every 5 years thereafter, the Commission shall commission an independent external evaluation of the Centre’s performance in relation to its objectives, mandate, tasks and procedures. That independent external evaluation shall be done on the basis of terms of reference, which shall, if necessary, be discussed with the Management Board.

The independent external evaluation shall, in particular, address the possible need to amend the mandate of the Centre and the financial implications of any such amendment. The first evaluation shall examine the feasibility of extending the mandate of the Centre to address the impact of cross-border threats to health on non-communicable diseases.

The Management Board shall examine the conclusions of the independent external evaluation and may issue recommendations, if necessary, to the Commission regarding changes in the Centre, its working practices and the scope of its mission. The Commission shall forward the evaluation report and the recommendations to the European Parliament and the Council.

  1. On the basis of the independent external evaluation referred to in paragraph 2 or where it considers that the continued operation of the Centre is no longer justified with regard to its assigned objectives, mandate and tasks, the Commission may propose that the relevant provisions of this Regulation be amended accordingly.
  1. The Commission shall report to the European Parliament, to the Council and to the Management Board, where relevant, on the recommendations of the Management Board and on the findings of its evaluations carried out under paragraphs 2 and 3. Those findings shall be made public..

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

Done at Strasbourg, 23 November 2022.

For the European Parliament

The President

R. Metsola

For the Council

The President

M. Bek

Metadata

Type
Forordning
År
2022
Ikrafttrædelsesdato
1. januar 1970
Regulation (EU) 2022/2370 of the European Parliament and of the Council of 23 November 2022 amending Regulation (EC) No 851/2004 establishing a European centre for disease prevention and control | TheLawyer.sh