Proposal for a Council Decision enabling countries eligible for the future European Neighbourhood and Partnership Instrument (ENPI) to benefit from the Technical Assistance and Information Exchange Programme (TAIEX)
Date: 2005-07-19
Institutions: European Commission
Subjects: EU financial instrument, EU programme, accession to the European Union, approximation of laws, cross-border cooperation, enlargement of the Union, exchange of information, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2005 
COM(2005) 321 final 

2005/0133 (CNS) 

Proposal for a 

COUNCIL DECISION 

enabling countries eligible for the future European Neighbourhood and Partnership 
Instrument (ENPI) to benefit from the Technical Assistance and Information Exchange 
Programme (TAIEX)  

EN 

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EXPLANATORY MEMORANDUM 

The Technical Assistance and Information Exchange Programme (TAIEX) was set up in 1995 
to  provide  short-term,  targeted  technical  assistance  to  the  Central  and  Eastern  European 
candidate countries. The initiative was conceived as a 'one stop shop' to assist the countries in 
understanding and drafting EU-related legislation and to help them with implementation and 
enforcement. TAIEX provides five main services: documentation, information and advice on 
legislation; workshops and seminars; study visits to the European Commission and Member 
States; expertise to advise the beneficiary countries and, finally, databases on the deployment 
and results of technical assistance provided.  

The  European  Neighbourhood  Policy’s  (ENP)  objective,  as  stated  in  the  Commission’s 
Strategy Paper adopted in May 2004, is to share the benefits of the EU’s 2004 enlargement 
with neighbouring countries and to use some of the instruments and experience gained during 
the  enlargement  process  to  bring  partner  countries  closer  to  the  EU,  aiming  at  gradual 
economic integration and a deepening of political integration. 

Both  the  ENP  Strategy  Paper  and  the  ENP  Action  Plans  offer  to  extend  TAIEX  to  ENP 
partner countries. 

While Russia is not officially part of the ENP, the recently adopted road maps for the creation 
of the four Common Spaces between the EU and Russia set out objectives similar to those of 
the  ENP,  namely  to  intensify  cooperation  and  to  pursue  regulatory  convergence  and 
legislative approximation between the EU and Russia. In addition, Russia will also be eligible 
for funding under the future European Neighbourhood and Partnership Instrument (ENPI).  

The purpose of the proposed Council Decision is therefore to enable ENP partner countries, in 
particular  those  with  ENP  Action  Plans  under  implementation  as  well  as  Russia,  to  have 
access  to  TAIEX  in  the  same  way  as  the  countries  covered  by  the  PHARE,  CARDS  and 
Turkey  regulations.  TAIEX  is  implemented  in  line  with  article  54  (2)  of  the  Financial 
Regulation,  which  allows  for  the  implementation  of  the  Community  budget  through 
centralised  indirect  management  subject  to  specific  requirements.  For  implementation  by 
national public-sector bodies or bodies with a public-service mission, the requirements are set 
out  in  Article  54  (2)  (c),  according  to  which  the  Commission  may  “entrust  tasks  of  public 
authority, and in particular budget implementation tasks to (…) national public-sector bodies 
or bodies governed by private law with a public-service mission providing adequate financial 
guarantees  and  complying  with 
implementing 
arrangements”.  

the  conditions  provided  for 

the 

in 

However,  “such  bodies  may  be  entrusted  with  implementation  tasks  only  if  the  basic  act  of 
the programme or action concerned provides for the possibility of delegation and lays down 
the criteria for the selection of the bodies concerned (…)”. Neither Council Regulation (EC) 
1488/1996  of  23  July  1996  concerning  financial  and  technical  measures  to  accompany  the 
reform  of  economic  and  social  structures  in  the  framework  of  the  Euro-Mediterranean 
partnership 
(EC,  EURATOM)  99/2000  of 
29 December 1999  concerning  the  provision  of  assistance  to  the  partner  States  in  Eastern 
Europe and Central Asia (Tacis)2 has such a provision.  

(MEDA)1  nor  Council  Regulation 

1 
2 

OJ L 189, 30/07/1996 p. 1-9 
OJ L 12, 18/1/2000, p. 1-9 

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However, centralised indirect management has already been established for the PHARE and 
CARDS  Programmes  (Council  Regulation  2257/20043).  A  proposal  has  also  been  made  for 
the  pre-accession  financial  assistance  for  Turkey4.  The  proposed  new  Instrument  for  Pre-
accession Assistance (IPA) and the proposed new European Neighbourhood and Partnership 
Instrument (ENPI) will also authorise centralised indirect management.  

Therefore, the proposed Council Decision  provides a temporary solution and  an  appropriate 
legal  basis  until  TAIEX  actions  can  be  funded  under  the  ENPI  from  2007  onwards.  An 
amount of € 4 million, to be taken equally from the respective regional budget lines, will be 
sufficient.  

The  legal  base  of  the  decision  is  Article  181  a  ECT  since  the  activities  of  TAIEX  consist 
entirely  of  technical  cooperation  with  third  countries.  A  substantive  part  of  the  actions  of 
Regulation 99/2000 falls within the scope of the EURATOM treaty. It is however proposed to 
limit the use of TAIEX to tasks falling within the scope of the EC Treaty. 

3 
4 

OJ L 389, 30.12.2004, p.1 
COM (2004) 814 final 

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2005/0133 (CNS) 

Proposal for a 

COUNCIL DECISION 

enabling countries eligible for the future European Neighbourhood and Partnership 
Instrument (ENPI) to benefit from the Technical Assistance and Information Exchange 
Programme (TAIEX)  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
181 a (2) thereof, 

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Parliament6, 

Whereas: 

(1) 

(2) 

(3) 

In  the  area  of  pre-accession  aid,  centralised  indirect  management  has  proved  a 
valuable  tool  in  the  past,  in  particular  concerning  the  operations  of  the  Office  for 
Technical Assistance and Information Exchange (TAIEX), 

(ENP)  objective,  as  stated 

The  European  Neighbourhood  Policy’s 
the 
Commission’s  Strategy  Paper  adopted  in  May  2004,  is  to  share  the  benefits  of  the 
EU’s  2004  enlargement  with  neighbouring  countries  and  to  use  some  of  the 
instruments  and  experience  gained  during  the  enlargement  process  to  bring  partner 
countries closer to the EU, aiming at gradual economic integration and a deepening of 
political integration. The European Neighbourhood countries should therefore be able 
to benefit from TAIEX, 

in 

At  the  15th  EU-Russia  Summit  on  10  May  2005,  the  EU  and  Russia  adopted  road 
maps for the creation of four Common spaces which set out objectives similar to those 
of  the  ENP,  namely  to  intensify  bilateral  cooperation  and  to  pursue  regulatory 
convergence and legislative approximation.  

(4) 

Russia  will  be  eligible  for  funding  under  the  future  European  Neighbourhood  and 
Partnership Instrument (ENPI). 

5 
6 

OJ C […], […], p. […] 
OJ C […], […], p. […] 

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(5) 

(6) 

(7) 

(8) 

Article 54 (2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on 
the  Financial  Regulation  applicable  to  the  general  budget  of  the  European 
Communities7  (the  Financial  Regulation)  allows  for  the  implementation  of  the 
Community  budget  through  centralised  indirect  management  and  sets  specific 
requirements  for  implementation,  provided  this  is  authorised  by  the  basic  act  of  the 
programme, 

A harmonised implementation of the assistance through TAIEX is necessary; therefore 
the  present  Decision  should  follow  the  same  approach  as  Council  Regulation  (EEC) 
No 3906/1989 of 18 December 1989 on economic aid to certain countries of Central 
and  Eastern  Europe8  (PHARE),  Council  Regulation  (EC)  No  2666/2000  of 
5 December 2000  on  assistance  for  Albania,  Bosnia  and  Herzegovina,  Croatia,  the 
Federal  republic  of  Yugoslavia  and  the  Former  Yugoslav  Republic  of  Macedonia9 
(CARDS),  and  Council  Regulation  (EC)  No  2500/2001  of  17  December  2001 
concerning pre-accession financial assistance for Turkey 10, 

Part of the actions of Regulation 99/2000 fall within the scope of the Euratom treaty. 
These aspects are not concerned by this Decision, 

The  most  appropriate  basis  in  the  Treaty  for  the  adoption  of  this  Decision  being 
Article 181 a of the EC Treaty, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  purpose  of  this  Decision  is  to  enable  countries  eligible  for  the  future  European 
Neighbourhood  and  Partnership  Instrument  (ENPI),  particularly  those  with  Action  Plans  or 
road maps under implementation, to benefit from assistance through the Office for Technical 
Assistance  and  Information  Exchange  (TAIEX),  which  will  provide  targeted  technical 
assistance to aid the partner countries in understanding and drafting legislation related to the 
Action Plans and to help them with implementation and enforcement. 

Article 2 

For  the  purposes  of  implementing  Council  Regulation  (EC)  1488/1996  of  23  July  1996 
concerning financial and technical measures to accompany the reform of economic and social 
structures  in  the  framework  of  the  Euro-Mediterranean  partnership  (MEDA)11  and  Council 
Regulation  (EC,  EURATOM)  99/2000  of  29  December  1999  concerning  the  provision  of 
assistance to the partner States in Eastern Europe and Central Asia (Tacis)12 , the Commission 

7 
8 

9 

10 
11 
12 

OJ L 248, 16.9.2002, p. 1 
OJ L 375, 23.12.1989, p.11. Regulation as last amended by Regulation (EC) No 2257/2004 (OJ L389, 
30.12.2004, p. 1). 
OJ  L  306,  7.12.2000,  p.1.  Regulation  as  amended  by  Regulation  (EC)  No  2257/2004  (OJ  L389, 
30.12.2004, p. 1) 
OJ L 342, 27.12.2001, p. 1. Regulation as last amended by Regulation [...] 
OJ L 189, 30/07/1996 p. 1-9 
OJ L 12, 18/1/2000, p. 1-9 

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5 

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may, in accordance with Article 54 (2) of the Financial Regulation, decide to entrust tasks of 
public  authority,  and  in  particular  budget  implementation  tasks  following  from  this 
Decision13,  14,to the body implementing the TAIEX programme implemented under Council 
Regulation (EEC)  3906/1989 of 18 December 1989 on economic aid to certain countries of 
Central  and  Eastern  Europe15  (PHARE),  Council  Regulation  (EC)  2666/2000  of 
5 December 2000  on  assistance  for  Albania,  Bosnia  and  Herzegovina,  Croatia,  the  Federal 
republic  of  Yugoslavia  and  the  Former  Yugoslav  Republic  of  Macedonia16  (CARDS),  and 
Council Regulation (EC) 2500/2001 of 17 December 2001 concerning pre-accession financial 
assistance  for  Turkey17.  This  Decision  does  not  apply  to  actions  implemented  under 
Regulation 99/2000 that fall within the scope of the EURATOM Treaty.  

Article3 

Activities authorised by this decision shall be financed from budget line 19.06.01 Assistance 
to  partner  countries  in  Eastern  Europe  and  Central  Asia,  and  the  associated  budget  line  for 
administrative  costs  19.01.04.07,  and  budget  line  19.08.02.01  MEDA  (measures  to 
accompany  the  reforms  to  the  economic  and  social  structures  in  the  Mediterranean  non-
member countries) and the associated budget line for administrative costs 19.01.04.06. 

Done at Brussels,  

For the Council 
The President   

13 
14 

15 

16 

17 

OJ L 248, 16.9.2002, p. 1 
OJ L 248, 16.9.2002, p. 11. Regulation as last amended by Regulation (EC) No 2257/2004 (OJ L389, 
30.12.2004, p. 1). 
OJ L375, 23.12.1989, p.11. Regulation as last amended by Regulation (EC) No 2257/2004 (OJ L389, 
30.12.2004, p. 1). 
OJ  L306,  7.12.2000,  p.1.  Regulation  as  amended  by  Regulation  (EC)  No  2257/2004  (OJ  L389, 
30.12.2004, p. 1) 
OJ L342, 27.12.2001, p. 1. Regulation as last amended by Regulation [...] 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL : 

Council Decision enabling countries covered by the European Neighbourhood Policy (ENP) 
to benefit from the Technical Assistance and Information Exchange Programme (TAIEX)  

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Policy Area External Relations  

Activity  19.06  "Relations  with  Eastern  Europe,  Caucasus  and  Central  Asian  Republics 
(EECCA)" 

Activity 19.08 "Relations with the Middle East and South Mediterranean" 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative  assistance 
lines (ex- BA lines)) including headings: 

The  Council  Decision  will  be  financed  from  the  funds  available  for  the  following  budget 
lines:  

•  Budget  line  19.06.01  Assistance  to  partner  countries  in  Eastern  Europe  and  Central  Asia 

and the associated budget line for administrative costs 19.01.04.07 

•  Budget line 19.08.02.01 MEDA (measures to accompany the reforms to the economic and 
social  structures  in  the  Mediterranean  non-member  countries)  and  the  associated  budget 
line for administrative costs 19.01.04.06. 

3.2. 

Duration of the action and of the financial impact: 

2005/2006 for commitments, 2005-2007 for implementation. 

EN 

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3.3. 

Budgetary characteristics (add rows if necessary) : 

Budget 
line 

19.06.01 

19.08.02 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from  applicant 
countries 

in 

Heading 
financial 
perspective 

Diff18 

Diff 

Non-
comp 

Non-
comp 

NO 

NO 

NO 

NO 

NO 

NO 

No  

No  

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1.  Summary of commitment appropriations (CA) and payment appropriations (PA) for 

budget line 19.06.01 

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

Operational expenditure19 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

2006 

2007 

Total 

Year 
2005 

a 

b 

0.2 

1.4 

1.6 

0.1 

1.0 

0.5 

1.6 

Administrative expenditure within reference amount20 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

0.05  0.25 

0.1 

0.4 

Commitment 
Appropriations 

Payment 
Appropriations 

a+c  0.25  1.65 

0.1 

b+c  0.15  1.25 

0.6 

2 

2 

18 
19 
20 

Differentiated appropriations 
Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 

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4.1.2.  Summary of commitment appropriations (CA) and payment appropriations (PA) for 

budget line 19.08.02 

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

Operational expenditure21 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

2006 

2007 

Total 

Year 
2005 

a 

b 

0.2 

1.4 

1.6 

0.1 

1.0 

0.5 

1.6 

Administrative expenditure within reference amount22 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

0.05  0.25 

0.1 

0.4 

Commitment 
Appropriations 

Payment 
Appropriations 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

a+c  0.25  1.65 

0.1 

b+c  0.15  1.25 

0.6 

2 

2 

8.2.5 

d 

0.1 

0.5 

0.2 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included in reference amount 
(NDA) 

costs, 

8.2.6 

E 

0 

0 

0 

Total indicative financial cost of intervention 

TOTAL  CA 
cost 
Resources 

of 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

including 
Human 

0.5 

3.2 

0.2 

0.3 

2.5 

1.2 

a+c
+d+
e 

b+c
+d+
e 

4.1.3.  Compatibility with Financial Programming 

Proposal is compatible with existing financial programming. 

21 
22 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 

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4.1.4.  Financial impact on Revenue 

Proposal has no financial implications on revenue. 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see detail 
under point 8.2.1. 

Annual requirements  2005 

2006  2007 

Total 
number 
human resources 

of 

1.5 

8 

3 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required  in  the  Explanatory  Memorandum.  This 
section  of  the  Legislative  Financial  Statement  should  include  the  following  specific 
complementary information: 

5.1. 

Need to be met in the short or long term 

The  European  Neighbourhood  Policy’s  (ENP)  objective,  as  stated  in  the  Commission’s 
Strategy Paper adopted in May 2004, is to share the benefits of the EU’s 2004 enlargement 
with neighbouring countries and to use some of the instruments and experience gained during 
the  enlargement  process  to  bring  partner  countries  closer  to  the  EU,  aiming  at  gradual 
economic integration and a deepening of political integration. 

Both  the  ENP  Strategy  Paper  and  the  ENP  Action  Plans  offer  to  extend  TAIEX  to  ENP 
partner  countries.  The  purpose  of  the  proposed  Council  Decision  is  to  enable  ENP  partner 
countries, in particular those with ENP Action Plans under implementation, to have access to 
TAIEX  in  the  same  way  as  the  countries  covered  by  the  PHARE,  CARDS  and  Turkey 
regulations.  

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with  other 
financial instruments and possible synergy 

TAIEX is a unique and effective way of transmitting knowledge and advice on drafting and 
implementing  EU-related  legislation;  the  European  value  added  is  thus  clear.  The  TAIEX 
management  system  ensures  that  actions  financed  through  TAIEX  are  coherent  with  other 
activities. 

5.3. 

Objectives, expected results and  related indicators of the proposal in the context of 
the ABM framework 

The objective of the action is primarily to promote effective implementation of the European 
Neighbourhood Policy (ENP) Action Plans. The effect of the support through TAIEX will be 
followed up in the context of the overall reporting on the implementation of the Action Plans 
as well as by instrument-focused monitoring and evaluation. 

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5.4. 

Method of Implementation (indicative) 

Show below the method(s)23 chosen for the implementation of the action. 

X 

Centralised Management 

ٱ 

X 

ٱ 

ٱ 

Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

Bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

X 

National public-sector bodies/bodies with public-service mission 

ٱ 

Shared or decentralised management 

ٱ  With Member states 

ٱ  With Third countries 

ٱ 

Joint management with international organisations (please specify) 

6. 

MONITORING AND EVALUATION 

The implementation of this Council decision will follow the same modalities for monitoring, 
evaluation and antifraud measures as the TAIEX programme as a whole.  

7. 

ANTI-FRAUD MEASURES 

The accounts and operations of all activities carried out under the programme are subject to 
supervision  and  financial  control  by  the  Commission  (including  the  European  Anti-fraud 
Office)  and  the  Court  of  Auditors.  This  includes  measures  such  as  ex-ante  verification  of 
tendering and contracting carried out and on-the-spot checks. 

In  order  to  ensure  efficient  protection  of  the  financial  interests  of  the  Community,  the 
Commission can conduct check-ups and inspections on site in accordance with the procedures 
foreseen  in  Council  Regulation  (Euratom,  EC)  No.  2185/96  dated  November  11,  1996, 
concerning  on-the-spot  checks  and  inspections  carried  out  by  the  Commission  in  order  to 
protect the European Communities' financial interests against fraud and other irregularities. 

The procedures foreseen in Art. 15 § 3 of Commission Regulation No. 2222/2000 dated from 
June 7, 2000, on the communication in case of irregularities and putting in place a system to 
administrate the information in this field shall apply. 

23 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point 

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

TAIEX  is  a  demand-driven  programme  based  on  specific  requests  from  the  beneficiary 
countries.  The  objectives  that  will  be  covered  cannot  be  distinguished  in  terms  of  their 
financial costs in advance. 

8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources  

Types  of 
post 

Staff  to  be  assigned  to  management  of  the  action  using  existing  and/or  additional 
resources (number of posts/FTEs) 

2005 

2006 

2007 

A*/AD 

B*, 
C*/AST 

Officials 
or 
temporary 
staff24 
(XX 
01) 

01 

Staff  financed25  by 
art. XX 01 02 

staff26 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

1.5 

8 

3 

8.2.2.  Description of tasks deriving from the action 

TAIEX provides short-term, targeted technical assistance. It is a 'one stop shop' to assist the 
countries in understanding and drafting legislation and to help them with implementation and 
enforcement. TAIEX provides five main services: documentation, information and advice on 
legislation; workshops and seminars; study visits to the European Commission and Member 
States; expertise to advise the beneficiary countries and, finally, databases on the deployment 
and results of technical assistance provided.  

8.2.3.  Sources of human resources (statutory) 

No additional statutory resources are foreseen.  

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

24 
25 
26 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

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EUR million (to 3 decimal places) 

Budget line 

(number and heading) 

2005 

2006 

2007  TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies27 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

0.100 

0.500  0.200 

Total  Technical  and  administrative 
assistance 

0.100 

0.500  0.200 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5  

and later 

Officials and temporary staff (XX 01 
01) 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total  cost  of  Human  Resources 
and  associated  costs 
in 
reference amount) 

(NOT 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

27 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

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8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees28  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 Total Other Management Expenditure 

(XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than  human  resources  and  associated 
costs 
in  reference 
included 
amount) 

(NOT 

Calculation - Other administrative expenditure not included in reference amount 

28 

Specify the type of committee and the group to which it belongs. 

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