ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (84) 058 
 
 
 
Vol. 1984/0025 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COM (84) 58 final 
Brussels, 10 February 1984
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Resumption of consideration of the proposal for a Council Regulation 
(EEC) on the measure to be taken in the event of irregularities 
affecting the own resources referred to in the Decision of 21 April 
1970 and the organization of an information system for the Commission
in this field
COM(84) 58 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Resumption of consideration of the proposal for a Council Regulation (EEC)  
on the measure to be taken in the event of irregularities affecting the  
own resources referred to in the Decision of 21 April:1970 and the  
organization of an information system for the Commission in this field.
1. On 19 March 1979 the Commission sent the Council a proposal for a Council
Regulation (EEC) on the measures to be taken in the event of irregularities
affecting the own resources referred to in the Decision of 21 April 1970
and the organization of an information system for the Commission in this  
(1 )field .  The Council consulted Parliament and the Court of Auditors.
Parliament adopted its opinion, which was favourable in all respects, on  
(2)11 May 1979 and the Court of Auditors adopted its opinion on 17 May  
1979 (3).
In November 1980, the Council suspended consideration of the Commission  
proposal since the Council wanted to apply existing provisions and those  
then being adopted before introducing new rules. On this occasion, the  
Member States declared that they were prepared to do their utmost under  
the rules in force or being adopted - particularly concerning mutual  
assistance - to step up the efforts of national administrations to combat  
irregularities affecting own resources and provide the Commission with  
adequate information. However, depending upon the results actually achieved,  
they undertook to resume consideration of their proposal.
(1) 0J C 88, 4 April 1979, p. 4.
(2) 0J C 140, 5 June 1979, p. 148.
(3) 0J C 187, 25 July 1979, p. 9.

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The Commission being aware of Parliament's expectations has continued  
to maintain its proposal.
2. The Commission has found from experience that the existing rules do not  
allow it to fulfil its obligations to ensure that operations relating to  
the collection of its own resources are carried out correctly.
3. The Commission would point out in the first place that the Community's  
financial situation makes it more important than ever that own resources  
should be managed as carefully as possible. The present circumstances make  
this a political as well as a financial necessity. At a time when the  
Commission is proposing to Council and Parliament an increase in its own  
resources, it must be able to give assurances that the burden is fairly  
spread and in particular show how cases of fraud or irregularity which  
might affect payment are being dealt with. The Commission would also point  
out that the existing rules prevent it from giving other than very partial  
answers to the many requests for information from European Parliament's  
Committee on Budgetary Control.
4. The implementation of Council Regulation (EEC) No 1468/81 of 14 May 1981
on mutual assistance between the administrative authorities of the Member
States and collaboration between the tatter and the Commission to ensure
(1 )the correct application of the law on customs or agricultural matters  
has undoubtedly provided the Commission with considerably more information.  
But even this information is far from exhaustive. Similarly, the half-  
yearly and annual reports from the Member States on the most significant  
problems encountered, particularly disputes, in applying Regulation (EEC,  
Euratom, ECSC) No 2891/77 of 19 December 1977 implementing the Decision  
of 21 April 1970 on the replacement of financial contributions from Member  
States by the Communities' own resources ^  provide a useful amount of
(1) OJ L 144, 2 June 1981, p. 1 .
(2) OJ L 336, 27 December 1977, p. 1.

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information on the difficulties the Member States have in operation the  
own resources system. But again this information is too general and does  
not permit individual cases of fraud and irregularity to be studied.
The existing provisions are no substitute for the regular, systematic and  
obligatory transmission of information on frauds and irregularities which  
would have been set up by the regulation proposed by the Commission in  
March 1979.
5. The Commission would also draw the Council's attention to the latest
(1 )amendments to its proposal to amend Regulation No 2891/77 .  In order
to take account of the real problems encountered by the Member States in  
establishing and making available own resources, the Commission has  
proposed defining establishment more precisely and laying down conditions  
for deferring the making available of entitlements established and for  
definitive release from the obligation to make them available. Acceptance  
of these proposals will enable the Commission to deal in a more uniform  
manner with cases where establishment of entitlements poses problems; it  
does, however, also increase the need for an inspection mechanism in such  
cases.
6. The Commission's conclusion is that, in line with the undertaking it gave  
in 1980, the Council should now resume consideration of the proposal for  
a Regulation of 19 March 1979, which the Commission considers to be an  
indispensable part of the Community own resources system.
7. The Commission will send to the European Parliament which has already  
been consulted on its proposal, a copy of the present communication for  
information.
(1) 0J C 303, 10 November 1983, p. 19.