All amounts in this budget document are expressed in euro unless otherwise indicated.

Final adoption

of supplementary and amending budget No 4 of the european Union for the financial year 2002

(2002/846/EC, Euratom)

THE PRESIDENT OF THE EUROPEAN PARLIAMENT,

Having regard to the Treaty establishing the European Community, and in particular Article 272(4), penultimate subparagraph, thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 177 thereof,

Having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities, as last amended by Regulation (EC, ECSC, Euratom) No 762/2001(1), and in particular Article 15 thereof,

Having regard to the general budget of the European Union for the financial year 2002 finally adopted on 13 December 2001(2),

Having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(3),

Having regard to preliminary draft supplementary and amending budget No 4 of the European Union for the financial year 2002 submitted by the Commission on 24 July 2002,

Having regard to letter of amendment No 1 to preliminary draft supplementary and amending budget No 4 of the European Union for the financial year 2002,

Having regard to draft supplementary and amending budget No 4 of the European Union for the financial year 2002 established by the Council on 20 September 2002,

Having regard to Article 92 of and Annex IV to its Rules of Procedure,

Having regard to the resolution adopted by the European Parliament on 26 September 2002,

The procedure laid down in Article 272 of the Treaty establishing the European Community and Article 177 of the Treaty establishing the European Atomic Energy Community having thus been completed,

DECLARES:

Sole Article

Supplementary and amending budget No 4 of the European Union for the financial year 2002 has been finally adopted.

Done at Strasbourg, 26 September 2002.

The President

Pat Cox

(1) OJ L 111, 20.4.2001, p. 1.

(2) OJ L 29, 31.1.2002, p. 1.

(3) OJ C 172, 18.6.1999, p. 1.

SUPPLEMENTARY AND AMENDING BUDGET No 4 OF THE EUROPEAN UNION FOR THE FINANCIAL YEAR 2002

CONTENTS

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SECTION III

COMMISSION

General summary of appropriations (2002 and 2001) and outturn (2000)

Part B

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PART B

OPERATING APPROPRIATIONS

Part B appropriations cover operating expenditure directly related to the objective of the relevant programme or action, including expenditure on evaluation and technical and administrative assistance benefiting partners only. Special provisions apply to the following:

- expenditure on technical assistance, studies and information concerning the Structural Funds and the Cohesion Fund is governed by the provisions of Council Regulations (EC) No 1260/1999, (EC) No 1257/1999, (EC) No 1258/1999, (EC) No 1263/1999, (EC) No 2792/1999, (EC) No 1261/1999, (EC) No 1262/1999 and (EC) No 1164/94 as amended by Regulation (EC) No 1264/1999,

- appropriations in subsection B6 are governed by the special provisions of Title 27 of the Financial Regulation,

- expenditure on technical and administrative assistance is authorised if the remarks against the relevant heading expressly provide for this type of expenditure and lay down the expenditure ceiling.

For new programmes or actions, provision will have to be made in the specific legislation governing the relevant programme or action for expenditure on technical and administrative assistance to be charged against Part B and a decision will have to be taken by the budgetary authority laying down the ceiling.

The Commission undertakes to submit a special report to the budgetary authority, when the preliminary draft is drawn up, on the use of the appropriations entered in the "B ... A" headings.

Upon a reasoned request from either arm of the budgetary authority, the Commission must forward all appropriate information, including the results of work carried out by experts, concerning the implementation of programmes or actions.

ADMINISTRATIVE APPROPRIATIONS

The appropriations entered in the "B ... A" headings are intended to finance, inter alia:

- expenditure on technical assistance concerning public authority tasks delegated by the Commission to implementing agencies governed by Community law,

- expenditure on technical and administrative assistance not involving public authority tasks outsourced by the Commission under ad hoc research or service contracts to bodies governed by private law.

The Commission undertakes to inform the budgetary authority about transfers from the main heading (B) to the "B ... A" heading, and vice versa, and to report to it at the end of the financial year on the use of appropriations against the "B ... A" heading.

Implementation:

There must be regular assessment of implementation of all programmes and grants to organisations financed or cofinanced by the operating part of the European Union budget. The budgetary authority must be informed about the results of those assessments, even if this is not expressly provided for in the legal basis.

Recipients of Commission budget allocations are requested to make it perfectly clear to the public that they are receiving financial assistance from the European Union.

SUBSECTION B2

STRUCTURAL OPERATIONS, STRUCTURAL AND COHESION EXPENDITURE, FINANCIAL MECHANISM, OTHER AGRICULTURAL AND REGIONAL OPERATIONS, TRANSPORT AND FISHERIES

General summary of appropriations (2002 and 2001) and outturn (2000)

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TITLE B2-4

EUROPEAN UNION SOLIDARITY FUND - MEMBER STATES

CHAPTER B2-4 0 - EUROPEAN UNION SOLIDARITY FUND - MEMBER STATES

B2-4 0 0 European Union Solidarity Fund - Member States

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This article is intended to accommodate appropriations resulting from the mobilisation of the European Union Solidarity Fund in the event of natural, environmental or technological disasters.

Legal basis

Proposal for a Council Decision, submitted by the Commission on 18 September 2002, establishing the European Union Solidarity Fund (COM(2002) 514 final).

Draft for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund and the conditions governing the resort to it, proposed by the Commission on 11 September 2002 (COM(2002) ... final).

SUBSECTION B5

CONSUMER PROTECTION, INTERNAL MARKET, INDUSTRY AND TRANS-EUROPEAN NETWORKS

General summary of appropriations (2002 and 2001) and outturn (2000)

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TITLE B5-3

INTERNAL MARKET

The Commission will endeavour to implement this part of the budget taking into account the implementation of budget 2001, as indicated below, and, where necessary, make efforts to improve it.

The Commission will transmit at the latest when submitting preliminary draft budget 2003 the implementation profile for this part of the budget.

Should implementation as at 31 August diverge significantly from the profile submitted, or risk doing so, the Commission shall inform the budgetary authority, stating the reasons for the divergence and indicating the steps it intends to take in order to rectify the situation. Furthermore, the Commission will submit a new, updated, implementation profile.

The Commission will also examine implementation as at 31 October in comparison with the implementation profile and inform the budgetary authority of the outcome.

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CHAPTER B5-3 0 - STRATEGIC IMPLEMENTING MEASURES

B5-3 0 0 Strategic programme on the internal market

B5-3 0 0 1 Implementation and development of the internal market

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This appropriation is intended to cover expenditure arising in connection with measures contributing to the completion of the internal market, its operation and development, and in particular:

- greater proximity to citizens and businesses, including the development and strengthening of dialogue with citizens and businesses via measures intended to make the operation of the internal market more effective and to ensure that citizens and businesses are able to gain access to the most extensive rights and opportunities resulting from the opening and deepening of the single market without frontiers and to exercise those rights and opportunities in full, and via monitoring and evaluation measures concerning the practical exercise by citizens and businesses of their rights and opportunities with a view to identifying and facilitating the removal of any obstacles which may be preventing them from exercising those rights in full,

- implementation and monitoring of the provisions governing public contracts with a view to ensuring that procedures are genuinely open and operate in optimum fashion, including awareness-raising and training for the various parties to these contracts; the introduction and use of the new technologies in the various fields of operation of these contracts; the continuous adaptation of the legislative and regulatory framework in the light of developments arising from these contracts, particularly the globalisation of the markets and existing or future international agreements,

- improvement of the legal environment for citizens and businesses with a view to guaranteeing the free movement of persons and the rights of individuals,

- strengthening administrative cooperation, the further development and sound application of single market legislation between Member States and support for administrative cooperation between the authorities responsible for implementing the legislation on the internal market,

- comprehensive review of regulations with a view to necessary changes and overall analysis of the effectiveness of the measures taken with a view to the sound operation of the single market and the evaluation of the overall impact of the internal market on businesses and the economy, including the purchase of data and access by Commission departments to external databases,

- measures designed to guarantee the completion and management of the internal market, especially in the fields of data protection, intellectual and industrial property, electronic commerce and commercial communications,

- strengthening the development of financial and capital markets and of financial services provided to businesses and private individuals, taking into account the introduction of the euro and the "new economy",

- improvement of payment systems in the internal market, in particular between Member States, notably those in which such systems are underdeveloped; reduction in the cost of, and time needed for, such transactions, taking into account the internal market dimension; development of the technical aspects so as to establish one or more payment systems on the basis of the follow-up to be given to the Commission communications; participation in pilot schemes, the granting of seed and aid capital, and the development of infrastructures,

- adaptation of the market framework, especially as regards the monitoring and regulation of practical aspects of the activities of operators and transactions, so as to take account of changes at Community and world levels, the introduction of the euro and new financial instruments as well as developments within the "new economy",

- the development and strengthening of the external aspects of the directives applicable in respect of financial institutions, the mutual recognition of financial instruments vis-à-vis third countries, international negotiations, assistance for third countries in establishing a market economy,

- fostering cooperation, development and coordination of legislation in the field of business rights and assistance with the creation of European limited companies and European economic interest groupings,

- implementation of Community and international provisions in the field of money laundering, including participation in intergovernmental or ad hoc measures in this field; grants and other expenditure relating to Commission participation as a member of the FATF (Financial Action Task Force) on money laundering created under the Organisation for Economic Cooperation and Development (OECD),

- grants in support of projects of Community interest undertaken by outside bodies,

- introduction of a specific online service (helpdesk) which citizens could direct their inquiries concerning financial services (website on the internal market and financial services).

This appropriation is also intended to cover expenditure arising in the fields of taxation and customs via the following measures:

- simplification and modernisation of the VAT system in accordance with the new VAT strategy adopted by the Commission and the strengthening of administrative cooperation on combating fraud with a view to more effective exchanges between Member States,

- excise duties and environmental taxes: analysis of fiscal policies in relation to transport, the environment and energy,

- taxation and e-commerce: development and implementation of legislation with a view to giving businesses security with regard to the electronic delivery of services; analysis of fiscal policy in the field of e-commerce with a view to strengthening the competitiveness of electronic networks (Internet) and software and computer services generally in Europe,

- direct taxation: approximation and harmonisation of legislation with a view to ensuring the operation of the single market and the exercise of the freedom of movement and the freedom to provide services; analysis of fiscal policies in the field of services and financial products with a view to strengthening the integration of financial markets, especially in the field of supplementary pensions and life insurance,

- fiscal policies and compulsory contributions: with a view to continuing the study of the overall examination of taxation in the taxation policy group so as to strengthen the coordination of fiscal policies, taking other Community objectives into account, and particularly tax measures likely to be taken into consideration when the code of conduct is revised, economic analysis of tax systems and compulsory contributions (extending the scope of investigation of actual rates of taxation to cover taxes other than corporation tax),

- administration of customs laboratories (harmonisation of working methods in Member States' customs laboratories),

- setting-up of an external service to answer queries from users of the tariff website of the Directorate-General for Taxation and customs union (DDS site),

- customs: binding tariff information (BTI), evaluation of the content and terminological update of the BTI database, including distribution of BTI to operators, update of the European Customs Inventory of Chemical Substances (ECICS).

In order to achieve these objectives, this appropriation covers the costs of consultation, studies, various grants, participations, production and the development of publicity, awareness-promoting and training materials (printed matter, audiovisual material, assessments, computer tools, the collection and dissemination of information, information and advice measures for citizens and businesses).

Irrespective of the beneficiary of the measure, no administrative expenditure against this item is authorised.

Any revenue is available for reuse, in accordance with Article 27 of the Financial Regulation.

Legal basis

Pursuant to the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure, appropriations entered in this item are intended to finance measures undertaken by the Commission by virtue of its institutional prerogatives.

SUBSECTION B7

EXTERNAL ACTIONS

All contracts for outside staff charged to operating expenditure should be centralised and harmonised by a unit for the management and supervision of outside contracts under the responsibility of the Commissioner responsible for the budget.

General summary of appropriations (2002 and 2001) and outturn (2000)

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TITLE B7-0

PREACCESSION STRATEGY

CHAPTER B7-0 9 - EUROPEAN UNION SOLIDARITY FUND - COUNTRIES NEGOTIATING FOR ACCESSION

B7-0 9 0 European Union Solidarity Fund - countries negotiating for accession

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This article is intended to accommodate appropriations resulting from the mobilisation of the European Union Solidarity Fund in the event of natural, environmental or technological disasters.

Legal basis

Proposal for a Council decision, submitted by the Commission on 18 September 2002, establishing the European Union Solidarity Fund (COM(2002) 514 final).

Draft for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund and the conditions governing the resort to it, proposed by the Commission on 11 September 2002 (COM(2002) ... final).

TITLE B7-3

COOPERATION WITH DEVELOPING COUNTRIES IN ASIA, LATIN AMERICA AND SOUTHERN AFRICA, INCLUDING SOUTH AFRICA

CHAPTER B7-3 0 - COOPERATION WITH ASIAN DEVELOPING COUNTRIES

A benchmark, supported by the Commission, would be that 35 % of spending in DAC (OECD Development Assistance Committee) list 1 countries, including macroeconomic assistance with social sector conditionality, is allocated to social infrastructure, mainly education and health, recognising that the EU contribution must be seen as part of the overall donor support to the social sectors in a given country and that a degree of flexibility must be the norm.

The Commission has stated its desire to establish a solid baseline approach in statistical terms for the future and should honour this commitment by having the CRIS (common Relex information system) operational at the time of the submission of the preliminary draft budget for 2003 covering all geographical areas. The system will permit sectoral classification of programmes and projects following the DAC and OECD nomenclature.

The Commission must define what extra administrative resources it needs to make sure that it can deliver before November 2002 to the European Parliament DAC-compatible sector distribution of the 2001 budget commitments. At the time of the submission of the preliminary draft budget for 2003, and taking into account the extra administrative resources made available, the Commission is obliged to deliver the DAC-compatible sector distribution of the budget 2001 commitments available at that time.

The Commission will endeavour to implement this part of the budget taking into account the implementation of budget 2001, as indicated below, and, where necessary, make efforts to improve it.

The Commission will transmit at the latest when submitting the preliminary draft budget for 2003 the implementation profile for this part of the budget.

Should implementation as at 31 August diverge significantly from the profile submitted, or risk doing so, the Commission shall inform the budgetary authority, stating the reasons for the divergence and indicating the steps it intends to take in order to rectify the situation. Furthermore, the Commission will submit a new, updated, implementation profile.

The Commission will also examine implementation as at 31 October in comparison with the implementation profile and inform the budgetary authority of the outcome.

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B7-3 0 0 Financial and technical cooperation with Asian developing countries

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This appropriation is intended to cover development schemes in Asian developing countries, in particular the poorest of them, aimed at tackling macroeconomic and sectoral problems. Emphasis is placed on operations influencing economic organisation and institutional development, the strengthening of civil society, including operations concerning democratisation, universal access for children of both sexes and women to primary and secondary education, the environment, tropical forests, anti-drugs campaigns, regional cooperation, disaster prevention and reconstruction measures, as well as greater use of information and communications technology.

It is also intended to cover information and training-related activities in areas such as fighting discrimination against women and the exploitation of children of both sexes, promoting consumer protection policy, campaigns against drugs and AIDS and population issues assisted by greater use of information and communications technology.

Investments on lands traditionally inhabited by indigenous peoples or by other local communities, and other projects significantly affecting their livelihood or social organisation, shall not be carried out without, as far as possible, their prior consultation and informed consent.

An amount representing at least 10 % of this appropriation is to be used for environmental policies resulting from the Agenda 21 programme agreed at the United Nations Conference on Environment and Development held in Rio de Janeiro on 3 to 14 June 1992, including renewable energy projects.

This appropriation is also intended to cover financing of projects to deal with obsolete pesticide stockpiles.

The Commission publishes an annual activity report.

This appropriation is also intended to cover support for trade unions, non-governmental organisations and local initiatives to monitor the impact of European investments on the national economy, particularly codes of conduct and sectoral agreements incorporating respect for labour, environmental, social and human rights standards.

It also covers the creation and operation of contact points for the OECD guidelines for multinational enterprises in the EU delegations of those countries where European companies operate.

The release of funds earmarked for Nepal will be subject to the provision of a guarantee by the Nepalese authorities that they will not turn back refugees from Tibet.

Within the framework of the Commission's strategies vis-à-vis health policy and with a view to supporting programmes designed to improve primary health care services, appropriations shall also be earmarked for implementation of a programme for the prevention of rheumatic fever.

This appropriation also covers funding of operations by non-governmental organisations and specialised agencies to assist the growing numbers of street children.

Also charged to this article is expenditure on operations and other measures of a horizontal nature to enhance the profile or increase awareness of European Union cooperation with Asian developing countries.

This appropriation also covers small loans and credits granted through the informal banking system (through the Grameen Bank and similar operations in Bangladesh) that support, in particular, initiatives to promote employment for women.

This article is also intended to cover support for the development of civil society and, in particular, support for the activities of non-governmental organisations promoting and defending the rights of vulnerable groups, such as women, children, ethnic minorities and disabled people.

Community assistance shall not be given to any country or organisation which encourages or allows compulsory abortion, enforced sterilisation or infanticide as a means of controlling population growth.

Irrespective of the beneficiary of the measure, no administrative expenditure against this article is authorised.

The appropriations for Vietnam and China shall be implemented in the context of the need to improve human rights and democracy in those countries.

Utilisation of this appropriation is dependent on observance of the principles underpinning European Union action.

Legal basis

Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to and economic cooperation with developing countries in Asia and Latin America (OJ L 52, 27.2.1992, p. 1).

Resolution of the European Parliament of 14 May 1992 on the situation of women and children in the developing countries (OJ C 150, 15.6.1992, p. 268).

Resolution of the European Parliament of 14 May 1992 on the role of non-governmental organisations in development cooperation (OJ C 150, 15.6.1992, p. 273).

Resolution of the European Parliament of 18 January 1996 on trafficking in human beings (OJ C 32, 5.2.1996, p. 88).

Council Regulation (EC) No 550/97 of 24 March 1997 on HIV/AIDS-related operations in developing countries (OJ L 85, 27.3.1997, p. 1).

Council Regulation (EC) No 1484/97 of 22 July 1997 on aid for population policies and programmes in the developing countries (OJ L 202, 30.7.1997, p. 1).

Council Regulation (EC) No 2046/97 of 13 October 1997 on North-South cooperation in the campaign against drugs and drug addiction (OJ L 287, 21.10.1997, p. 1).

Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating gender issues in development cooperation (OJ L 354, 30.12.1998, p. 5).

Resolution of the European Parliament of 15 January 1999 on EU standards for European enterprises operating in developing countries: towards a European Code of Conduct (OJ C 104, 14.4.1999, p. 180).

Regulation (EC) No 2493/2000 of the European Parliament and of the Council of 7 November 2000 on measures to promote the full integration of the environmental dimension in the development process of developing countries (OJ L 288, 15.11.2000, p. 1).

Regulation (EC) No 2494/2000 of the European Parliament and of the Council of 7 November 2000 on measures to promote the conservation and sustainable management of tropical forests and other forests in developing countries (OJ L 288, 15.11.2000, p. 6).