Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC, ECSC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities` () (98/C 284/10)

On 26 May 1998, the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Economic, Financial and Monetary Questions, which was responsible for the preparatory work, adopted its Opinion on 9 June 1998. The rapporteur working without a study group was Mr Donovan.

At its 356th plenary session on 1 and 2 July 1998 (meeting of 1 July) the Economic and Social Committee adopted the following Opinion by 139 votes for, none against and with 6 abstentions.

1. The basis for the proposal for specific revisions to the Financial Regulation is the following:

- first, the start of the third phase of economic and monetary union and the introduction of the euro, replacing both the ecu and national currencies of the 11 participating Member States as the common currency of these countries;

- second, the Treaty of Amsterdam repealed Protocol No 16 of the Maastricht Treaty on the Economic and Social Committee and the Committee of the Regions, which provides for a common organizational structure for both of the two bodies.

2. The Commission's proposals2.1. The Commission proposes to replace any reference to the ecu in the Financial Regulation by a reference to the euro and to provide for the rights and obligations of the Union to be expressed and executed in euros and to adapt all references to national currencies as those of the Member States which are not participating in the euro. Since certain measures (the non-interest-bearing deposit, fine) foreseen under the 'stability and growth pact` will have to pass through the budget, the Commission proposes an amendment to describe an exact technique of accounting for these sums.

2.2. In regard to the repeal of the Protocol No 16 of the Treaty of Maastricht the Commission proposes to delete all references to the common organisational structure of the Economic an Social Committee and the Committee of Regions and to create a budget section for each of these two bodies.

3. ESC comments3.1. The ESC is pleased by the fact that the euro will be different from the ecu in that it is not only a simple description in the sense of a basket of currencies but also a currency in its own right. The proposal of the Commission for specific amendments is a necessary technical adaptation of the Union's Financial Regulation to stage three of the economic and monetary union.

3.2. The Commission's proposals also take into account the specific problems related to the fact that not all Member States will participate in the euro from the start. A new Article 35 requires the Commission every three months to send each Member State which has not adopted the euro a statement indicating the transfers effected in that Member State's national currency into another currency and vice versa.

3.3. The proposed amendments related to deposits and fines as provided for in the 'stability and growth` pact will ensure the necessary transparency in the financial management of the European Union. The amounts involved in a deposit or fine will only be taken into account when there is no further possibility of appeal and when the deposit or fine becomes definitive.

3.4. The decision of the Council to abolish Protocol 16 of the Maastricht Treaty which stipulated that 'the Economic and Social Committee and the Committee of the Regions shall have a common organisational structure` leads obviously to the liquidation of Section VI, Part C and the redistribution of the budgetary means presented until now under the heading of this part over the specific budgets for ESC and COR. Since the budget already identifies the origins of the posts of the joint organisational structure () the division of posts is relatively simple. The split of appropriations for expenditure not related to posts could be based on the results of the analytical bookkeeping system that has been developed as foreseen by article 22 of the financial regulations.

3.5. The ESC welcomes the Commission's proposal of creating separate budget sections for both consultative bodies. This presentation will create an independent budgetary framework for each committee within which either committee can define its own priorities and may show its autonomous responsibility.

3.6. Given its past experience and in particular the economies of scale achieved by the joint organisational structure, the ESC realises and accepts that from an economic point it is useful to continue co-operation, on a voluntary basis, on the production chain and, should the committees be housed near to each other, on premises-related functions.

Brussels, 1 July 1998.

The President of the Economic and Social Committee

Tom JENKINS

() OJ C 149, 15.5.1998, p. 21.

() OJ L 44, 16.2.1998, p. 158, establishment plan, Section VI Part C: joint organisational structure footnote 4: 'Of which 408 permanent posts belong to the Economic and Social Committee and 108 to the Committee of Regions`.