EN Official Journal of the European Union CE 88/637

(2004/C 88 E/0654)

WRITTEN QUESTION E-3220/03

by Christopher Heaton-Harris (PPE-DE) to the Commission

(31 October 2003)

Subject: Financial Regulations and DG Enlargement

Under the new Commission Financial Regulations there is a time limit on payments of 45 days ‘from the date when an admissible payment request is registered’.

Could the Commission give details of when this requirement has not been met by DG Enlargement? Has any audit been carried out in this DG since the new Financial Regulations came into force on 1 January 2003? If so, would the Commission give details of the reports with regard to the time scale of payments made? What are the procedures in place in DG Enlargement to ensure that payments are made within the limit of 45 days?

Answer given by Mr Verheugen on behalf of the Commission

(18 December 2003)

The Honourable Member raises the issue of the application of the new Financial Regulation with regard to the provisions on time limits of payments and on audit within different Commission services. The Honourable Member will of course be aware that the rules on payment deadlines apply only to legal commitments of the Commission signed after 1 January 2003. Under the old Financial Regulation, applicable until then, there were no specific provisions regarding the time limit within which to make payments.

Currently, the rules on payment deadlines are laid down in Article 106 of the Implementing Rules of the Financial Regulation (1). The general rule is 45 days from the date on which an admissible payment request is registered, or 30 days in respect of payments relating to service or supply contracts.

Further rules are laid down in Article 106 (3) for payments related to a contract or a grant agreement under which the Commission has first to approve a report before it can make a payment. The deadline for payment in such cases does not begin to run until the report has been approved. For technical services contracts which are particularly complex, up to 60 days may be allowed for approving the report.

In accordance with Article 106(4) of the Implementing Rules, a decision to suspend the deadline for payment can be taken when the supporting documents which are produced do not justify the payment request or when the Commission has doubts about the eligibility of the payment request. In such cases the clock does not start ticking again until the properly formulated payment request is registered. The Commission believes that this provision is essential to ensure that ineligible payments are avoided and to guarantee sound financial management.

The Commission's Directorate General Enlargement does its utmost to make payments within the shortest possible time period and in accordance with the obligations of the new Financial Regulation, within the constraints arising from human resource allocation. Clear guidelines have been issued to officials at every level emphasising the importance of paying promptly and in any case within the deadlines established by the Financial Regulation. Management attention has been focussed on this issue and there is an enhanced follow-up procedure in place to ensure that payments are made as quickly as possible without prejudice to sound financial management. The figures on time limits relating to payments made by the Directorate General Enlargement will be sent to the Honourable Member directly.

(1) Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 357, 31.12.2002.