Proposal for a COUNCIL REGULATION (EEC, EURATOM) amending Council Regulation No 1552/89 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources
Date: 1993-05-17
Institutions: European Commission
Subjects: Community budget, budgetary procedure, own resources, provisional twelfth

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(93) 213 final 

Brussels, 17 May  1993 

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Proposal  for a 

COUNCIL REGULATION  (EEC, EURATOM) 

amending Council Regulation No 1552/89  implementing 

Decision  88/376/EEC, Euratom on the system of the 

Communities' own resources 

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Proposal for a Regulation 
amending Council Regulation No 1552/89 
implementing Decision 88/376/EEC, Euratom 

EXPLANATORY MEMORANDUM 

Article 10 of Council Regulation (EEC) No 1765/92 of 30 June 1992 
establishing a support system for producers of certain arable crops reads: 
"The compensatory payments for cereals and protein crops, as well as the 
compensation for the set-aside obligation, shall be paid between 16 October 
and 31 December next following the harvest". 

Pursuant to this article and to Articles 4 and 5 of council Regulation (EEC) 
No 729/70 of 21 April 1970, the Member States' authorities must pay this aid 
in November and December and the Commission must therefore reimburse the 
Member states in January and February of the following year. 

With effect from 1994 these new measures will substantially alter the 
current profile of EAGGF Guarantee Section expenditure as, when fully 
applied, they will mean that 40% to 50% of the annual payments made under 
this head by the Commission will be concentrated in the first two months of 
the year.  This will be well in excess of the Commission's cash resources at 
that time of the year. 

Article 10(2) of council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 
authorizes the commission to invite M  or States, if necessary, to bring 
forward by one month the entry in the  ccounts of own resources other than 
VAT resources and the additional reso  ,e.  However, the amount yielded by 
this early entry, around ECU 1 250 million at present, would still not cover 
requirements. 

The Commission must therefore be empowered to call on Member States, for the 
specific needs of the EAGGF Guarantee Section, to bring forward the entry of 
one or two twelfths of VAT and GNP-based own resources. 

The proposed amendment is to Article 10 of Regulation No 1552/89 with the 
appropriate provision being contained in a new subparagraph inserted after 
the first subparagraph of paragraph 3. 

Proposal  for a Regulation 
amending Council Regulation No  1552/89 
implementing  Decision  88/376/EEC,Euratom 
on the system of the Communities' own resources 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having regard to the Treaty establishing the European Economic  Community, 
and in particular Article  209 thereof, 

Having regard to the Treaty establishing  the European Atomic  Energy 
Community,  and in particular Article  183 thereof, 

Having regard to Council Decision  88/376/EEC, Euratom of 24 June  1988 on the 
system of the Communities' own resources,1 and in particular Article  8(2) 
thereof, 

Having regard to the proposal from the Commission,^ 

Having regard to the opinion of the European  Parliament,3 

Having regard to the opinion of the Court of Auditors,4 

Whereas the payment  of aid resulting  from application of Regulation 
No  1765/92 is mainly concentrated  in the opening months of the year; 
whereas the Commission must have sufficient cash resources to make this 
payment; 

Whereas additional rules need to be laid down governing the  arrangements 
whereby Member  states make available to the Commission  the own resources due 
to the Communities, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Council Regulation  (EEC, Euratom) No  1552/89 of 29 May  1989  implementing 
Decision  88/376/EEC, Euratom on the system of the Community's  own resources 
is amended as follows: 

Article  10 

The following  subparagraph  is inserted after the first  subparagraph of 
paragraph  3 : 

"For the specific  needs of paying EAGGF Guarantee  Section  expenditure, 
Member  States may be invited by the Commission  to bring  forward 

1  OJ L  185, 15.7.1988, p.24. 
2  OJ C 
3  OJ C 
4  OJ C 

, 

by one or two months the entry of one-twelfth of the amounts  in the budget 
for VAT resources  and the additional resource, but excluding own resources 
to cover the EAGGF  (European  Agricultural Guidance  and Guarantee  Fund) 
monetary reserve,  [the reserve for loan guarantees  and the reserve for 
emergency  aid].  The sixth subparagraph concerning the amount to be entered 
in January each year and the seventh subparagraph  applicable  if the budget 
has not been finally adopted before the beginning  of the financial year 
shall apply to these advance entries." 

Article 2 

This Regulation  shall enter into force on the day  following  its publication 
in the Official Journal of the European  Communities. 
[It shall apply  from  1 November  1993.] 

This Regulation  shall be binding  in its entirety  and directly  applicable in 
all Member States. 

ISSN 0254-1475 

COM (93) 213 final 

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