WRITTEN QUESTION E-3220/03 by Christopher Heaton-Harris (PPE-DE) to the Commission. Financial Regulations and DG Enlargement.
Date: 2003-10-31
Institutions: European Parliament, Provisional data
Subjects: European Commission, administration of the Institutions, deadline for payment, financial regulation

8.4.2004

EN

Official Journal of the European Union

C 88 E/637

Answer given by Mr Lamy on behalf of the Commission

(8 December 2003)

The Commission is aware of allegations such as the non-respect of core labour rights, false declarations of
origin and circumvention of quotas, non-respect of intellectual property rights on the part of some
exporting countries in disregard of the obligations of commitments under bilateral textiles agreements
concluded with the Community.

Regarding the quantitative limits to exports of textiles and clothing in force under the bilateral agreements,
this is done under a double checking system according to which import licences are only granted by
Community authorities upon presentation of export valid licences issued and under the condition that the
corresponding quantity is available within the quota. Further, certificates of origin are requested to avoid
circumvention of quotas which is to the detriment of both the Community and the partner country. In
cases of suspected circumvention of quotas, investigations may be launched by the European Anti-Fraud
Office (OLAF). If circumvention is proved, adjustment of quotas is sought to redress the situation.

By Council Regulation (EC) No 1383/2003 of 22 July 2003 (1), the Community enhanced its customs
actions in the field of goods suspected of infringing certain intellectual property rights and the measures to
be taken against goods found to have infringed such rights.

The issue of external border controls is extremely important for the Commission and has led to the recent
Communication on ‘The role of customs in the integrated management of external borders’ (2). This
outlines the strategy and approach taken and includes various recommendations to improve customs
controls by Member States. In relation to the specific issue of counterfeit products, a number of activities
have been undertaken. A new customs law (Regulation (EC) No 1383/2003 of 22 July 2003) will lead to
strengthened customs controls, in particular in the field of the intellectual property rights. Through the
‘Customs 2007’ programme, an enhanced co-operation with both new Member States and enterprises
concerned by counterfeiting and piracy is set up.

In trade policy, the Community is opposed to any sanctions-based approaches and initiatives to use labour
rights for protectionist purposes. Accordingly, the Community promotes the effective application of core
labour standards through positive instruments and an incentive-based approach. Examples of this are the
Community’s Generalised System of Preferences (GSP)
that allows beneficiary countries to receive
additional preferences if they adhere to the International Labour Organisation (ILO) standards and the
Cotonou Agreement between the Community, its Member States and the African, Caribbean and Pacific
(ACP) states, which includes a specific provision on trade and labour standards.

(1) OJ L 196, 2.8.2003.
(2) COM(2003) 452 final.

(2004/C 88 E/0654)

WRITTEN QUESTION E-3220/03

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

Subject: Financial Regulations and DG Enlargement

(31 October 2003)

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?

C 88 E/638

Official Journal of the European Union

EN

8.4.2004

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.

(2004/C 88 E/0655)

WRITTEN QUESTION E-3221/03

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

(31 October 2003)

Subject: Financial Regulations and DG Development and Humanitarian Aid

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 Development and
Humanitarian Aid? 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 Development and Humanitarian
Aid to ensure that payments are made within the limit of 45 days?