WRITTEN QUESTION E-3236/02 by Jens-Peter Bonde (EDD) to the Commission. Budget.
Date: 2002-11-15
Institutions: European Parliament, Provisional data
Subjects: budget, competition law, fine, infringement of EU law, legal basis, management accounting, single market, type of business

C 222 E/54

Official Journal of the European Union

EN

18.9.2003

The White Paper does not recommend to limit or restrict the construction of new airports. Instead, it
clearly states that ‘Europe will not be able to cope without new airport infrastructure, including in the
candidate countries (…)’.

The Commission believes that it is primarily the responsibility of Member States to assess whether or not
capacity requirements exist, which may or may not point at the desirability to build additional airport
infrastructure. The Commission has no direct competence in such matters.

(1) COM(2001) 370 final.

(2003/C 222 E/058)

WRITTEN QUESTION E-3236/02

by Jens-Peter Bonde (EDD) to the Commission

(15 November 2002)

Subject: Budget

1. Where is income from fines imposed on companies for infringements of internal market legislation
entered in the budget?

2. Who administers the accounts under which those sums are entered?

3. What sums has the Commission received each year since 1990 in the form of fines imposed on
companies for infringements of internal market legislation?

4. What sums has the Commission transferred, each year since 1990, from accounts under which
income from fines imposed on companies for infringements of internal market legislation has been
entered, to other accounts?

As of 1 November 2002, what is the total amount entered in accounts in respect of income in the

5.
form of fines imposed on companies for infringements of internal market legislation?

6. What is the legal basis for these accounts, receipts and disbursements?

Answer given by Mrs Schreyer on behalf of the Commission

(21 January 2003)

1. Where fines imposed on firms that have infringed the competition rules are paid definitively, the
receipts are entered in Article R 710 of the general budget.

Fines that have been appealed by the firms concerned in the competent court have to be guaranteed either
by a provisional payment, which is entered in a cash account, or by a bank guarantee.

As far as the budget and accounts are concerned,

2.
authorising officer and draws up the recovery orders for the firms concerned.

the Competition Directorate-General

is the

On the financial side, fines have to be paid into a Commission account at a commercial bank which has
been selected by public tender. The account is managed by the Accounting Officer’s department.

3.

The amounts of the fines definitively collected are given below:

Financial year

Revenue and expenditure account and balance sheet

1990

1991

1992

Volume II-Section III

Volume II-Section III

Volume II-Section III

(In EUR)

Page

116

(cid:1)

131

Article

Total receipts for financial year

710

710

710

593 608,86

18 680 761,20

34 526 287,95

18.9.2003

EN

Official Journal of the European Union

C 222 E/55

Financial year

Revenue and expenditure account and balance sheet

1993

1994

1995

1996

1997

1998

1999

2000

2001

Volume II-Section III

Volume II-Section III

Volume II-Section III

Volume II-Section III

Volume II-Section III

Volume II-Section III

Volume II-Section III

Volume II-Tome I-Section III

Volume II-Tome I-Part A

Page

139

159

171

177

196

167

113

146

207

Article

Total receipts for financial year

710

710

710

710

710

710

710

710

710

1 115 273,00

23 464 195,97

7 437 493,36

83 271 712,09

755 000,00

23 013 000,00

62 742 494,58

117 109 000,00

49 426 000,00

Total

422 134 827,01

The sums listed above were utilised by the Commission cash department

4.
implementation of payment appropriations and hence used for payments.

for the budgetary

As far as the budget is concerned, the sums entered in Article R 710 are part of the budget balance for the
year and implicitly reduce the take-up of gross national product (GNP) resources in year n+1.

The Commission publishes the figures for fines in its annual revenue and expenditure account. At

5.
31 December 2001, fines still pending before the court or not yet due totalled EUR 2 914 million.

6.

The legal basis is as follows:

(cid:1) Articles 73 and 74 of the new Financial Regulation, which applies from 1 January 2003. Previously,

Articles 28 and 28a of the 1977 Financial Regulation applied;

(cid:1) the Internal procedure provisions for the recovery of entitlements arising from direct management,
adopted by the Commission on 17 December 2002 (1) This is a recast version of the Internal
procedure provisions
the recovery of entitlements arising from the Commission’s direct
management, fines and penalty payments under the Treaties, which were adopted by the Commission
on 29 October 1986.

for

(1) SEC(86) 1748.

(2003/C 222 E/059)

WRITTEN QUESTION P-3251/02

by Margrietus van den Berg (PSE) to the Council

(11 November 2002)

Subject: Commission proposal for a certification scheme for the diamond trade

Does the Council share the Commission’s view that if the diamonds cannot be shown to have been
obtained legally, they should be impounded unconditionally (1)?

Can the regulation enter into force on 1 January 2003? If not, how can the Council justify this in view of
the fight against international terrorism

Does the Council agree with the proposed measures? If not, has it a better alternative?

(1) COM(2002) 455.