Final Adoption

of amending budget No 5 of the European Union for the financial year 2003

(2003/800/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 Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and in particular Articles 37 and 38 thereof,

Having regard to the general budget of the European Union for the financial year 2003 finally adopted on 19 December 2002(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 the Interinstitutional Agreement of 7 November 2002 between Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(4),

Having regard to preliminary draft amending budgets Nos 5 and 6 of the European Union for the financial year 2003 submitted by the Commission on 30 July and 25 September 2003,

Having regard to draft amending budget No 5 of the European Union for the financial year 2003 established by the Council on 7 October 2003,

Having regard to the decisions of the European Parliament and of the Council of 9 October 2003 to mobilise the flexibility mechanism relating to the European Union Solidarity Fund to provide the sums of EUR 56,25 million and EUR 48,539 million respectively,

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

Having regard to the resolution adopted by the European Parliament on 9 October 2003,

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

Amending budget No 5 of the European Union for the financial year 2003 has been finally adopted.

Done at Brussels, 9 October 2003.

The President

Pat Cox

(1) OJ L 248, 16.9.2002, p. 1.

(2) OJ L 54, 28.2.2003, p. 1.

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

(4) OJ C 283, 20.11.2002, p. 1.

AMENDING BUDGET No 5 OF THE EUROPEAN UNION FOR THE FINANCIAL YEAR 2003

CONTENTS

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SECTION III

COMMISSION

EXPENDITURE

General summary of appropriations (2003 and 2002) and outturn (2001)

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 (EC) No 1264/1999,

- 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 BA lines (see below).

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" lines 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 line (B) to the "B...A" line, and vice versa, and to report to it at the end of the financial year on the use of appropriations against the "B...A" line.

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, OTHER AGRICULTURAL AND REGIONAL OPERATIONS, TRANSPORT AND FISHERIES

General summary of appropriations (2003 and 2002) and outturn (2001)

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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 record appropriations resulting from the mobilisation of the European Union Solidarity Fund in the event of natural, environmental or technological disasters.

Legal basis

Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (OJ C 283, 20.11.2002, p. 1).

Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3).