Proposal for a COUNCIL REGULATION (EC, Euratom) amending Regulation (EEC, Euratom) No 1552 implementing Decision 88/376/EEC, Euratom on the system of the Communities own resources
Date: 1993-12-21
Institutions: European Commission
Subjects: GNP contribution, VAT resource, disclosure of information, financial management, gross national product, own resources

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

COM(93) 683 final 
Brussels, 21  December  1993 

I 
I 

Proposal  for a 
COUNCIL REGULATION  (EC. Euratom) 
amending Regulation  (EEC, Euratom) No  1552/89 
implementing Decision  88/376/EEC, Euratom 
on the system of the Communities' own resources 

Proposal  for a 
COUNCIL REGULATION  ŒCSC. EC. Euratom) 
amending the Financial  Regulation  of  21  December  1977 
applicable to the general  budget of the European  Communities 

(presented by the  Commission) 

EXPLANATORY  MEMORANDUM 

This  proposal  is  a  formal  alternative  to  the  Commission  proposal  of  14 September  1993 
(COM(93) 437  final). 

The objective is the same:  to ensure that when Community  expenditure complies, year after year, 
with the own resources ceiling set for the Community, all the financial  resources mobilized may 
be deployed to finance  Community  policies. 

This proposal differs from the initial one in that the legislative and budgetary procedure proposed 
here would not require the entry in the statement of expenditure of negative balances of resources 
resulting from errors in forecasting  the structure of own resources since it would eliminate these 
balances.  The  question  of  whether they  should  count  against the own  resources  ceiling  would 
it  gave  to  Parliament  when  the 
then  become  academic.  To  satisfy  the  undertaking 
Interinstitutional  Agreement  was  concluded,  the  Council  should  adopt  the  proposal  before  the 
1995  budgetary  procedure starts. 

I. 

In  its  communication  of  9 June  1993  (SEC(93)  851  final)  the  Commission  drew  the 
Council's  and Parliament's  attention  to  the  problem  that  shortfalls  in  tax  revenue  as a 
result of  the  1992-93  economic  recession  was eating  into the own  resources ceiling. 

The reasons  for these  shortfalls  are a yield  of  traditional  own  resources  which  is  lower 
than  forecast  in the  budget  and a reduction  in  the VAT  and GNP bases;  initially,  they 
affect  the  cash  flow  and,  in  the  case  of  VAT  and  GNP-based  resources,  result  in 
repayments  to  the  Member  States.  In  order  to  cover  the  expenditure  approved  and 
implemented in the financial year concerned, while complying with the principle that the 
budget must be in balance, they are then entered as expenditure in the budget for the next 
year or the next year but one, depending  on the case. 

For  1992  the  shortfalls  amount  to  almost  ECU 2 billion;  they  could  be  double  that in 
1993.  The financial regulations  require  these  amounts  to  be  entered  in  the  budget  in 
1993,  1994 and 1995. 

For the first time since  1988, all the own resources available beneath the ceiling will have 
to be entered in the initial  budget for  1994, and very  probably  in the one  for  1995 too. 
As there are no explicit  rules about how the own  resources ceiling  should be applied in 
this case, it might be considered that past years' revenue shortfalls  must be entered by a 
supplementary  and  amending  budget  as  expenditure  counting  against  this  ceiling,  thus 
implying  an  equivalent  reduction  in  the  expenditure  adopted  for  the  year  in  question, 
while Community  expenditure will  remain well below the own resources ceiling in  1992 
and 1993. 

The Commission's initial proposal  was designed to specify  the rules for dealing with past 
years'  balances  in  relation  to  the  own  resources  ceiling  for  the  year  in  which  these 
balances  are  entered  in  the  budget  in  specific  circumstances  which  are  not  explicitly 
provided  for in the current rules. 

The treatment recommended in line with the spirit of the own resources Decision  was to 
neutralize them  symmetrically  and conditionally: 

symmetrically,  since  provision  would  be  made  to  allow  negative  balances  from 
earlier years to be financed in the year in which they are entered in the budget in 
excess of the own resources ceiling for that year.  Conversely, there should be no 
possibility  of using positive balances from  earlier years in the year in which they 
are entered in the budget  in excess of the own  resources ceiling; 

conditionally,  since  this  would  be  subject  to  an  ex post  check  that  budget 
expenditure in the reference year was kept below the actual own resources ceiling. 

II. 

Since then, the problem has changed: 

The  budgetary  authority  has  accepted  the  Commission's  proposals  that  the 
shortfalls  which  can  already  be  identified  for  1992  and  1993  should  be  partly 
financed  in  1993.  This precautionary  move does not, however, resolve the entire 
problem.  It concerns only  part of  the expected  shortfall  and cannot be repeated 
in  1994 even though there is almost ECU 2 billion to be covered.  The reduction 
in the GNP growth  rate on  which  the  1993  budget  was based  and the monetary 
realignments  of  1992  have  led  to  a large  reduction  in the  bases.  However,  the 
total  payment  appropriations  contained  in  the  financial  perspective  agreed  at 
Edinburgh will hit the own resources ceiling in  1994.  The same will probably be 
true in  1995.  This means that there  will  be  insufficient  appropriations  available 
those years to absorb the considerable  shortfalls  from  1993. 

The  Council  rejected  the  Commission's  initial  proposal  since  it  would  allow 
adoption  of  a  budget  which  appeared  to  exceed  the  own  resources  ceiling. 
Although legally  compatible with the own resources Decision, this possibility was 
politically  unacceptable to  a number of Member States. 

The Commission has considered  an alternative which is set out below  and which 
has attracted the interest of  the Council  and Parliament. 

Parliament has made its acceptance of the Interinstitutional  Agreement subject to 
the "express condition of a prior agreement with the Council on how to deal with 
the negative  balances  arising  from  fiscal  shortfalls  which  must be budgetized in 
such a way that they do not undermine the availability  of expenditure ceilings for 
the financing of ordinary  expenditure". 

During the negotiations on the finalization of the Interinstitutional  Agreement, the 
Council  acknowledged  that  "every  effort  must  be  made to  ensure  that  available 
funds  provided  for  in  the  financial  perspective  can  be  used  to  meet  financing 
requirements of the Community's budget expenditure, while complying in full with 
the  annual  ceiling  on own  resources".  It  undertook  to  "work out an appropriate 
solution to the problem of the treatment of balances and notes that an alternative 
suggestion  to  the  original  Commission  proposal  is  currently  being  examined  in 
detail". 

In its resolution on the adoption of  an Interinstitutional  Agreement on budgetary 
discipline  and improvement  of  the  budgetary  procedure  for  1993-99, Parliament 
interpreted the assurances given by the Council  Presidency  as meaning that, if the 
own resources ceiling were respected, the Council guaranteed that the expenditure 
ceilings  contained  in  the  financial  perspective  would  remain  fully  available  for 
ordinary  expenditure. 

Finally, Parliament has stated that it will ensure that this undertaking is respected 
during the budgetary procedures. 

III. 

In these circumstances, the Commission  has decided to withdraw its initial  proposal and 
formally  propose  the  alternative  explored  during finalization of  the  negotiation  of  the 
Interinstitutional  Agreement.  The initial  proposal  aimed  to neutralize  the balances; the 
alternative would  eliminate them, both symmetrically  and conditionally. 

When  implementation  of  a  budget  is  completed  and  the  VAT  and  GNP  bases  are 
established, the financing  of this budget would be recalculated  and the amounts required 
redistributed among the Member States in the light of all actual revenue and expenditure 
for year n as resulting  from  the revenue  and expenditure  account  and the real VAT and 
GNP bases. 

On  this  basis  refunds  would  be  made  to  Member  States  or  they  would  have  to  make 
additional  payments to adjust the payments  made during  the year.  The balances which 
occur  under the  current  arrangements  would  thus disappear.  This  would  apply  to both 
surpluses and shortfalls. 

In the specific  case of  expenditure actually  exceeding  the revised own resources ceiling, 
the  refinancing  of  the budget  would  be  calculated  within  the  limit  of  the  ceiling.  The 
amount in excess of the ceiling would be refunded to the Member States in line with the 
current rules. 

The proposal is being submitted because of the special circumstances currently prevailing. 
New  legislation  is  needed  if  the  Edinburgh financial perspective,  the  Interinstitutional 
Agreement  and the own  resources Decision  are all to be respected in  1995. 

The value of the system proposed is, however, long term.  It avoids the artificial  transfers 
of  resources  back  and  forth  between  the  Member  States  and  the  Community.  One 
paradoxical  feature  of  the  current  system  is  that,  in  the  event  of  favourable  economic 
developments,  Member States have to pay balances of  resources  from  earlier years; this 
is equivalent to financing,  in advance and for no good reason, part of the budget for the 
following year. 

IV. 

New provisions  to be incorporated  in own  resources  legislation 

The treatment proposed  does  not require  any  change  in the  system  of  own  resources or 
the manner in which they  are established. 

(a) 

Council  Regulation  (EEC, Euratom)  No  1552/89 of  29 May  1989  implementing 
Decision  88/376/EEC, Euratom on the system of the Communities' own resources 
must, however, be amended to provide the following  rules for implementing the 
solution proposed: 

1. 

Provisions  concerning  the calculation  of the refinancing  of the budget 

The provision  concerning  the calculation  of the previous year's VAT and 
GNP balances would be replaced by  a provision stating that the  financing 
of that year's budget would be recalculated the following November on the 
basis  of  the  actual  VAT  and  GNP  bases  and  in  line  with  actual 
implementation  as  shown  in  the  revenue  and  expenditure  account, 
including  miscellaneous resources. 

The financing would be recalculated within the limit of the own resources 
ceiling since any amount in excess of this ceiling would be refunded to the 
Member States. 

The  amounts  resulting  from  the  recalculation  of  the  financing  would be 
redistributed  among the Member States. 

The  average  exchange  rates  for  the  year  concerned  would  be  used  to 
recalculate the financing. 

It would, of  course, be  for the  budgetary  authority,  acting  on  a proposal 
from the Commission, to adopt a budgetary  structure to accommodate the 
new  system,  replacing the structure of  the existing system. 

2.  Provisions  relating to subsequent  adjustments of  resources 

The corrections to the VAT and GNP bases of year n after the initial  revision in 
year n +  1 are not normally very large and lead to relatively  small adjustments to 
VAT  and  GNP  resources.  The  financing  of  a  given  financial  year  would  be 
recalculated  only  once,  during the following  financial  year.  Subsequently: 

adjustments would be calculated as in the present system, but the uniform 
VAT rate and the GNP call-in rate resulting from the recalculation  of the 
refinancing  would  be applied; 

as in the present system, the adjustments would take the form of operations 
for  the  financial  year  in  which  they  take  place  and  would  thus,  in  due 
course, be included  in the recalculation  of  the financing  of that  financial 
year. 

3.  Provisions  relating to the specific  eventuality  of the own  resources ceiling  being 

exceeded 

Should  it  be  found  that  the  own  resources  ceiling  was  in  fact  exceeded,  the 
amount in  excess  would be refunded  to the Member  States on  the first working 
day of December following the financial  year concerned and would be entered in 
the budget,  as is the case now,  as negative  expenditure  under the own resources 
ceiling of the next financial  year but one. 

Appropriate  estimates  of  any  amounts  in  excess  in  the  final  outturn  could  be 
entered  in  the  budget  for  the  next  financial  year  but  one  during  the  budgetary 
procedure, where necessary  by  means of  a letter of  amendment. 

(b)  At the same time, the Financial Regulation applicable to the general budget of the 
Communities  would have to be amended to set out the procedural  rules for: 

adjusting the financing  of  the budget for year n; 
the treatment of  any  amount in excess of the own resources ceiling. 

Conclusions 

This  proposal  is  consistent  with  the  own  resources  Decision,  which  sets  the  own 
resources ceiling every year, and with the Interinstitutional  Agreement, which assumes 
that the resources should be used in full  for financing  Community policies. 

It eliminates the appearance of parasitic balances by recalculating the financing of the 
budet for the year n, without exceeding the own resources ceiling, by reference to the 
figures  in the revenue and expenditure  account and the real VAT and GNP bases.  It 
eliminates  the  anomalies  of  the  present  system  under  which  Member  States  are 
refunded  sums which  they  then have to pay  back  again  shortly  afterwards  to restore 
the balance of the budget for a specific  financial  year or, conversely, are asked to pay 
additional  resources  which  are no  longer  necessary.  However,  it  does  not  impinge 
upon  the  current  rules,  which  state  that  a  negative  balance  resulting  from  the  own 
resources  ceiling being exceeded  should count against the own resources ceiling of a 
subsequent financial  year. 

Proposal  for a 
COUNCIL REGULATION  (EC. Euratom) 
amending Regulation  (EEC, Euratom) No  1552/89 
implementing Decision  88/376/EEC, Euratom 
on the system of the Communities' own  resources 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  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(2), 

Having regard to the opinion of the European Parliament^, 

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

Whereas provision must be made for the financing  capacity  available for a given year up to the 
own resources ceiling to be used in full  to cover expenditure during that year, with due respect 
for the principle of budgetary balance; 

Whereas balances  from  earlier years should  not therefore  be taken  into  account,  subject  to the 
arrangements for dealing with an expenditure outturn exceeding the own resources ceiling in the 
previous year; 

Whereas, for this purpose, the financing of the budget for each year should be recalculated after 
implementation  and the overall  cost redistributed between  the Member States; 

Whereas,  should the expenditure  outturn  exceed  the own  resources  ceiling  in  a given year, the 
excess  amount should be refunded  to the Member States; 

(i) 

(2) 

OJ No L  185,  15.7.1988, p. 24. 
OJNo 
OJNo 
(4)  OJ No 

(3) 

Whereas  Council  Regulation 
Regulation  (Euratom, EC) No  3464/93(6),  should therefore  be  amended  accordingly, 

(EEC,  Euratom)  No 

1552/89(5), 

as  amended  by 

HAS  ADOPTED THIS REGULATION: 

Article 1 

Council  Regulation  (EEC, Euratom) No  1552/89  is amended  as follows: 

1.  Article  10 is amended  as follows: 

(a)  The seventh  subparagraph of paragraph  3  is replaced by the  following: 

"Without prejudice to paragraph 4, any change in the uniform  rate of VAT resources, 
in the correction  granted to the United Kingdom  referred to in  Article  5 of  Decision 
88/376/EEC,  Euratom  and  in  its  financing,  in  the  uniform  rate  of  the  additional 
resource and, where appropriate, in the GNP financial contributions, shall  require the 
final  adoption  of  a  supplementary  or  amending  budget  and  shall  give  rise  to 
readjustments  of  the  twelfths  which  have  been  entered  since  the  beginning  of  the 
financial  year." 

(b)  Paragraphs 4,  5 and 6 are replaced by the  following: 

"4.  Before  15 November the Commission  shall  recalculate the financing  of the 

budget for the previous year on the basis  of: 

the  annual  statements  of  VAT  resources  bases  provided  by  the 
Member  States 
in 
Regulation  (EEC, Euratom) No  1553/89, 

accordance  with  Article 

7(1) 

of 

figures  for  the  GNP  aggregate  provided  by  the  Member  States  in 
accordance with  Article  3(2) of  Directive  89/130/EEC, Euratom, 

and  in  the  light  of  all  revenue  and  expenditure  operations  as  defined  in 
Article  15 and as contained  in the revenue and expenditure account. 

Member  States'  VAT  resources  bases  shall  be  capped  in  accordance  with 
Article 2(1 )(c) of  Council  Decision  88/376/EEC, Euratom. 

(5) 

(6) 

OJNoL  155, 7.6.1989,  p. 1. 
OJNoL317,  18.12.1993, p. 1 

On  the  basis  of  the  Commission's  calculation  of  the  financing,  each 
Member  State shall  be debited  with the amounts shown  to be due from  it in 
respect of the VAT and GNP resources and credited with the amounts of such 
resources  it  has  paid  during  the  year  in  question,  after  subtraction  of  any 
refunds  due under paragraph 5. 

The  Commission  shall  determine  the  corrections  and  shall  inform  the 
Member  States in time for them  to enter them  in the  account  referred to in 
Article  9(1) of this Regulation  on the first working  day of  December of the 
same year. 

The  average  exchange  rates  for  the  year  in  question  are  used  both  for  the 
conversion into ecus of the VAT and GNP bases and for the conversion into 
national  currencies  of  the  amount  of  these  resources  due  from  each 
Member State on the basis of the recalculation  of the financing for the year 
in question 

5.  Should expenditure exceed the own resources ceiling, budget financing shall 
be recalculated on the basis of the parameters stipulated in paragraph 4, with 
the exception of the amount of resources, which shall be replaced by the own 
resources ceiling. 

Any  amount  exceeding  the  own  resources  ceiling  for  the  previous  year 
determined  on  the  basis  of  the  figures  for  the  GNP  aggregate  and  its 
^components provided by the Member States in accordance with  Article 3(2) 
of Directive 89/130/EEC, Euratom shall be refunded to the Member States on 
the first working day  of December. 

Tliis refund shall be distributed between the Member States by  reference to 
their payments of the GNP resource in the year in question.  The -amount by 
which expenditure  exceeds the own  resources  ceiling  for  a given year shall 
be entered  as negative  revenue  in the  budget for  the next year but one and 
shall  count against the own  resources  ceiling  for that year. 

6.  Any  corrections  to  the  VAT  resources  base  under  Article  9(1)  of 
Regulation  (EEC, Euratom) No  1553/89 and any  changes  made to GNP for 
earlier  years  pursuant  to  Article  3(2)  of  Directive  89/130/EEC,  Euratom, 
subject to Article  6 of that Directive,  shall  give  rise for each Member State 
concerned to the adjustment of the VAT and GNP resources. 

The  VAT  resources  base  of  a  Member  State  shall  be  capped, 
where  appropriate, 
of 
Decision  88/376/EEC, Euratom. 

accordance  with  Article 

2(1 )(c) 

in 

The  Commission  shall  calculate  the  adjustment  by  applying  to  the  revised 
bases  the  uniform  VAT  rate  and  the  GNP  call-in  rate  resulting  from  the 
recalculation  of  the  financing  for  the  year  in  question.  It  shall  inform  the 
Member States of the adjusted amounts in time for them to enter them in the 
account referred to in Article 9(1) of this Regulation on the first working day 
of December of the same year." 

(c) 

Paragraph  7 is deleted. 

(d) 

Paragraphs  8 and 9 are replaced by the  following: 

"8.  After  30  September of the fourth year folllowing  a given financial year, any 
changes  to  GNP  shall  no  longer  be  taken  into  account,  except  on  points 
notified  within  this  time  limit  either  by  the  Commission  or  by  the 
Member State. 

9.  The operations referred to in paragraph 6 constitute modifications  to revenue 

in respect of the financial year  in which  they occur." 

2. 

In Article  15, the first  subparagraph  is replaced by the  following: 

"The balance of  a given  financial  year shall  consist of the difference  between. 

all  the revenue collected  in  respect of  that financial  year, and 

the  amount  of  payments  made  against  appropriations  for  that  financial  year 
increased by the amount of the appropriations for the same financial  year carried 
over pursuant to Article  7(l)(b)  and (c)  and (2)(b)  of  the Financial  Regulation." 

3. 

Article  16 is  replaced by the  following: 

"Article  16 

The Commission shall, before the end of October in each financial  year, make an estimate 
of  the  own  resources,  referred  to  in  Article  2(1 )(a)  and  (b)  of  Decision  88/376/EEC, 
Euratom, collected for the entire year, on the basis of the data at its disposal at that time. 

If  appreciable  differences  from  the  original  estimates  appear,  they  shall  give  rise  to  a 
supplementary  or amending budget." 

4. 

Article  16a is  inserted, as follows. 

"Article  16a 

Should  the  expenditure  outturn  exceed  the  own  resources  ceiling  in  a  given  year,  as 
referred to in Article  10(5), an appropriate estimate of the excess amount shall be entered 
in the budget of the next year but one  during the budgetary  procedure, where necessary 
by  means of  a letter of  amendment. 

10 

If it is not possible to enter the definitive  excess amount in the budget before it has been 
adopted,  the  difference  in  relation  to  the  estimate  shall  be  entered  by  means  of  a 
supplementary  or amending budget." 

Article  2 

This Regulation shall  enter into force on the seventh day following  that of its publication  in the 
Official  Journal of the European Communities. 

However, it shall not apply to any adjustments of VAT and GNP-based resources for years prior 
to 1993. 

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

Done at Brussels, 

For the Council 
The President 

11 

Proposal  for a 
COUNCIL REGULATION  (ECSC. EC. Euratom) 
amending the Financial  Regulation  of  21  December  1977 
applicable to the general  budget of the European  Communities 

THE COUNCIL  OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Coal  and  Steel  Community,  and  in 
particular Article  78h  thereof, 

Having  regard  to  the  Treaty  establishing  the  European  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 the proposal  from  the Commission(,), 

Having regard to the opinion  of the European Parliament^, 

Having  regard to the opinion of  the Court of  Auditors(3), 

Whereas  Council  Regulation  (EEC,  Euratom)  No  1552/89  of  29  May  1989  implementing 
Decision  88/376/EEC,  Euratom  on  the  system  of  the  Communities'  own  resources(4),  as  last 
amended by Regulation  (EC, Euratom) No 
{5),  lays down the  rules for  clearing  the balance 
from  each year; 

Whereas the aforesaid Regulation also contains provisions for dealing with the eventuality of the 
expenditure outturn exceeding the own  resources ceiling; 

Whereas 
Regulation  (Euratom, ECSC, EEC) No  610/90(7),  must be amended  accordingly, 

the  Financial  Regulation  of  21  December  1977(6),  as 

last  amended  by 

(i) 

(2) 

O) 

(4) 

(5) 

(6) 

(7) 

OJNo 
OJ 
OJ 
OJ NoL  155, 7.6.1989,  p.  1. 
OJNoL 
OJ NoL  356,  31.12.1977,  p. 1 
OJNoL70,  16.3.1990, p.  I. 

12 

HAS  ADOPTED THIS REGULATION: 

Article 1 

The Financial  Regulation of  21 December  1977 is  amended as follows: 

1.  The following  paragraph  is added to Article 6: 

"The  repayment  of  any  amount  in  excess  of  the  own  resources  ceiling  shall  be  made  in 
accordance with  Article  10(5) of  Regulation  (EEC, Euratom)  No  1552/89." 

2.  Article  32 is replaced by the  following: 

"Article 32 

The balance from  each financial  year  shall  be cleared  in accordance  with  Article  10(4) of 
Regulation  (EEC, Euratom) No  1552/89. 

Should the expenditure outturn exceed the own resources in a given year, the excess amount 
shall  be entered  as negative  revenue  in the budget of the next year but one  in  accordance 
with Article  10(5) of Regulation  (EEC, Euratom) No  1552/89. 

An appropriate estimate of the excess  amount, calculated  in accordance  with  Article  10(5) 
of  Regulation  (EEC,  Euratom)  No  1552/89  shall  be  entered  in  the  budget  during  the 
budgetary procedure, if necessary  by means of  a letter of amendment. 

If it  is not possible  to  enter the  definitive  excess  amount in the budget  before  it has been 
adopted,  the  diffference  in  relation  to  the  estimate  shall  be  entered  by  means  of  a 
supplementary  or amending budget. 

The second paragraph of Article  14 and the first subparagraph of Article  15(3) shall not be 
applicable  for  the purposes of  the presentation  of  the  supplementary  or amending  budget 
provided for in Article  16(a) of Regulation  (EEC, Euratom) No  1552/89." 

Article  2 

This Regulation shall  enter into force on the seventh day following that of its publication in the 
Official  Journal  of the European Communities. 

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

Done at Brussels, 

For the Council 
The President 

13 

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