Draft amending budget n° 2 to the general budget 2010 Statement of revenue and expenditure by section Section III - Commission Section VI – European Economic and Social Committee Section VII - Committee of the Regions
Date: 2010-03-19
Institutions: Directorate-General for Budget, European Commission
Subjects: EU office or agency, European Commission, European Committee of the Regions, European Economic and Social Committee, Treaty of Lisbon, amending budget, budgetary expenditure, budgetary resources, draft budget (EU), general budget (EU), regulation of telecommunications

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THE EUROPEAN COMMISSION 

Brussels, 19.3.2010 
COM(2010)108 final 

DRAFT AMENDING BUDGET N° 2 
TO THE GENERAL BUDGET 2010 

STATEMENT OF REVENUE AND EXPENDITURE BY SECTION 
Section III - Commission 
Section VI – European Economic and Social Committee 
Section VII - Committee of the Regions 

(presented by the Commission) 

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   EN 

 
 
 
  
 
DRAFT AMENDING BUDGET N° 2 
TO THE GENERAL BUDGET 2010 

STATEMENT OF REVENUE AND EXPENDITURE BY SECTION 
Section III - Commission 
Section VI – European Economic and Social Committee 
Section VII - Committee of the Regions 

(presented by the Commission) 

Having regard to: 

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the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, 
in conjunction with the Treaty establishing the European Atomic Energy Community, and 
in particular Article 106a thereof, 

the Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European 
Communities' own resources1, 

the  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities2,  and  in 
particular Article 37 thereof, 

the  general  budget  of  the  European  Union  for  the  financial  year  2010  adopted  on 
17 December 2009, 

the  draft  estimates  for  a  2010  amending  budget  adopted  by  the  European  Economic  and 
Social Committee on 16 February 2010, 

the draft estimates for a 2010 amending budget adopted by the Committee of the Regions 
on 22 February 2010, 

The European Commission hereby presents to the budgetary authority the Draft Amending Budget 
No 2 to the 2010 budget for the reasons set out in the explanatory memorandum. 

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OJ L 163, 23.6.2007, p.17. 
OJ L 248, 16.9.2002, p. 1. 

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TABLE OF CONTENTS 

1. 

2. 

Introduction...................................................................................................................4 

Impact related to the entry into force of the Lisbon Treaty ..........................................4 

2.1 

European Economic and Social Committee .................................................................4 

2.1.1  Amending budget related to the entry into force of the Lisbon Treaty ........................4 

2.1.2  Conversion of posts ......................................................................................................5 

2.2 

Committee of the Regions ............................................................................................5 

3. 

4. 

Modification of the establishmnet plan of the BEREC Office (Agency) .....................6 

Summary table by heading of the Financial Framework ..............................................7 

CHANGES TO THE STATEMENT OF REVENUE AND EXPENDITURE BY SECTION 

The  changes  to  the  statement  of  revenue  and  expenditure  by  section  are  available  on  EUR-Lex 
(http://eur-lex.europa.eu/budget/www/index-en.htm).  An  English  version  of  the  changes  to  these 
statements by section is attached for information as a budgetary annex. 

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1. 

INTRODUCTION 

Draft Amending Budget (DAB) No 2 for the year 2010 covers the following elements: 

– 

impact related to the entry into force of the Lisbon Treaty for the European Economic 
and  Social  Committee  (EESC),  and  the  Committee  of  Regions  (CoR),  as  adopted  in 
their respective draft statement of estimates; 

–  Modifications to the establishment plan of BEREC (Body of European Regulators for 

Electronic Communications) Office, without additional financial provisions. 

The  net  financial  impact  of  this  amending  budget  is  EUR 10,5 million  in  additional 
commitments  and  payments  appropriations  under  heading  5  of  the  multiannual  financial 
framework. 

2. 

IMPACT RELATED TO THE ENTRY INTO FORCE OF THE LISBON TREATY 

During  the  2010  budget  procedure,  it  was  agreed  that  priority  for  the  use  of  the  available 
margin  of  heading  5  would  be  given  to  financing  additional  expenditure  directly  stemming 
from the entry into force of the Lisbon Treaty amending the Treaty on European Union and 
the  Treaty  establishing  the  European  Community.  This  implied  that  the  corresponding 
additional expenditure would have to be dealt with, if necessary, through an amending budget 
after the adoption of the original 2010 budget. 

It  was  emphasised  that,  in  such  a  case  and  to  the  fullest  possible  extent,  reorganisation  of 
existing  resources  should  be  fully  examined  before  any  call  for  additional  resources  was 
made. 

2.1 

European Economic and Social Committee 

2.1.1 

Amending budget related to the entry into force of the Lisbon Treaty  

The  European  Economic  and  Social  Committee  (hereafter  named  "EESC"  or  "the 
Committee")  has  undertaken  detailed  analyses  of  the  implications  and  consequences  of  the 
full implementation of the Lisbon Treaty. At high political level, the Committee's President 
and  Bureau  have  repeatedly  discussed  ways  and  means  of  giving  full  effect  to  the  Treaty's 
provisions.  In  undertaking  these  analyses  and  discussions,  the  Committee  has  in  particular 
considered: 

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new  (energy,  European  research  area,  sport3)  or  extended  policy  areas  in  the  Treaty 
which will necessarily result in more formal consultations of the Committee and new 
possibilities for an increased role in some areas in which the EESC is already regularly 
consulted  on  either  a  mandatory  or  optional  basis  (health,  social  policy,  services  of 
general economic interest, freedom, security and justice), 

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Art. 194, par.2 (energy policy), Art. 182, par. 5 (European research area) and Art. 165, par. 4 (sport) 

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the  Committee's  potential  role  as  the  platform,  at  EU  level,  for  structured  dialogue 
between the EU's institutions and organised civil society, working in partnership with 
those institutions (Article 11 TEU), 

the Committee's possible role with regard to the implementation of the citizens' right of 
initiative both in its consultative function and as an institutional intermediary between 
organised civil society and the EU institutions,  

the Committee's potential monitoring role in verifying that the horizontal social clause 
in the new Treaty is respected and that social requirements are taken into account in the 
Union's  policies  (if  European  law  is  contrary  to  the  social  objectives,  it  could  be 
declared void by the Court of Justice), 

the  need  for  the  Committee  to  adapt  its  structures  and  procedures  so  as  to  be  able  to 
deliver  its  opinions  to  the  European  Parliament  (EP)  in  a  timely  way,  given  the 
obligation now incumbent upon the EP to consult the Committee where the Treaty so 
provides. 

As  a  result  of  its  reflections  and  calculations,  the  Committee  requests  following  additional 
resources  to  fully  implement  the  provisions  of  the  Lisbon  Treaty:  EUR 4,14 million  over  a 
period of 6 months, including 22 new posts (14 AD5, 6 AD9, and 2 AST3). 

2.1.2  Conversion of posts 

In addition, the EESC requests the conversion of 3 AST into 3 AD posts to avoid a parallel 
procedure  under  article  47  of  the  staff  regulations.  In  order  to  adjust  the  grade  of  several 
posts to the nature of the function, the EESC requests the following conversions: 2 AST7 into 
2 AD7 and 1 AST5 into1 AD5. 

The Committee does not request additional appropriations for the requested conversions. 

The revised establishment plan is included in the budgetary annex. 

2.2 

Committee of the Regions 

The  increase  in  competences  attributed  by  the  Lisbon  Treaty  to  the  Committee  of  Regions 
(hereafter  named  "the  CoR"  or  "the  Committee")  implies  a  substantial  increase  in  its 
activities and its workload. 

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The Treaty strengthens significantly the EU's local and regional dimension through the 
definition of territorial cohesion as a new objective and the recognition of the new role 
of Local and Regional Authorities in the pre-legislative phase and in legislative impact 
assessment. It also highlights these authorities' key role in the organisation of services 
of  general  interest.  In  these  areas  the  Committee  must  carry  out  its  role  as  a  lever 
between the local and regional authorities and the EU institutions in its capacity as their 
representative  political  body.  As  a  consequence,  these  areas  will  become  part  of  the 
core business of the CoR in its day to day activities. 

The  Treaty  makes  explicit  reference  to  the  regional  and  local  dimension  of  the 
subsidiarity  principle  with,  "as  a  corollary"  the  CoR's  right  to  take  an  action  to  the 
European  Court  of  Justice.  The  evaluation  of  the  territorial  impact  of  any  EU 
legislation in all policy areas which could potentially impact on territories together with 

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the impact assessment of EU initiatives implies the need to reinforce the legal analysis 
of the EU legislative acts during the different phases of their adoption procedure and a 
permanent follow up of the CoR opinions. 

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Up until November 2009, the existing Treaty provided for 10 areas on which the CoR 
had to be consulted. The Lisbon Treaty adds one new area (Energy) on which the CoR 
must  be  consulted  and  extends/deepens  further  5  of  the  10  existing  ones.  This  is 
foreseen to result in an increased number of CoR opinions as well as the need to build 
up competencies in these fields and a much more systematic follow-up of opinions in 
all  titles  for  which  there  is  obligatory  consultation.  Furthermore,  given  the  obligation 
now incumbent upon the European Parliament to consult the CoR, the CoR must be in 
a position to deliver quality opinions on a timely basis. 

A proper implementation of these new competences and tasks implies a significant increase 
in  the  activities  of  the  CoR.  To  manage  this  increase  using  only  existing  resources  would 
require  a  significant  reallocation  of  these  resources  plus  the  setting  of  negative  priorities. 
However, the CoR is a young institution which to date has not had the opportunity to build 
sufficiently  robust  structures  that  would  allow  for  the  reallocation  of  resources  on  such  a 
scale. Therefore, to fulfil properly the extended tasks and responsibilities, additional financial 
and human resources are required. 

It is estimated an additional EUR 6,4 million (an increase of 8 % on the current 2010 budget) 
and 37 new additional posts including 6 temporary posts for the secretariats of the political 
groups and the President's Cabinet will be required. 

3. 

MODIFICATION OF THE ESTABLISHMNET PLAN OF THE BEREC OFFICE (AGENCY) 

For  2010, 
the  budgetary  authority  allocated  an  amount  of  EUR 3,47 million 
(EUR 2,57 million  for  administrative  and  EUR 0,9 million  for  operational  expenditure)  for 
the Office providing professional and administrative support services to BEREC. Given the 
uncertainty surrounding the legal basis when presenting the Preliminary Draft Budget 2010, 
and pending agreement with the European regulators, the establishment plan adopted in the 
final  2010  budget  only  included  the  total  number  of  staff  by  function  groups  but  no 
breakdown by grades. 

To enable the Commission to set up the BEREC Office and hire the staff necessary to support 
its work, it is therefore necessary to amend the 2010 establishment plan in order to include 
the  detailed  establishment  plan  by  grades,  and  allow  the  BEREC  Office  to  fulfil  all  the 
conditions to become autonomous and carry out its mission in accordance with the adopted 
legal basis4. 

The  proposed  modification  does  not  require  any  additional  spending,  as  the  corresponding 
administrative  appropriations  have  already  been  authorised  in  the  2010  budget.  It  does  not 
change the total number of staff for each function group. 

The revised establishment plan is included in the budgetary annex. 

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Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing 
the  Body  of  European  Regulators  for  Electronic  Communications  (BEREC)  and  the  Office  (OJ L 337, 
18.12.2009, p. 1). 

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4. 

SUMMARY TABLE BY HEADING OF THE FINANCIAL FRAMEWORK 

Financial framework 
Heading/subheading 

2010 Financial framework 

Budget 2010 
(including DAB 1) 

DAB 2/2010 

CA 

PA 

CA 

PA 

CA 

PA 

Budget 2010 
(including DAB 1 to 2) 
PA 
CA 

1. SUSTAINABLE GROWTH 
1a. Competitiveness for growth and 
employment 
1b. Cohesion for growth and 
employment 

Total 
Margin5 

2. PRESERVATION AND 
MANAGEMENT OF NATURAL 
RESOURCES 
Of which market related expenditure and 
direct payments 

Total 
Margin 

3. CITIZENSHIP, FREEDOM, 
SECURITY AND JUSTICE 
3a. Freedom, Security and Justice 
3b. Citizenship 

Total 
Margin6   

14 167 000 000

49 388 000 000

63 555 000 000

47 146 000 000

59 955 000 000

1 025 000 000
668 000 000
1 693 000 000

4. EU AS A GLOBAL PLAYER7 

7 893 000 000

5. ADMINISTRATION8 

Margin 

Margin 
TOTAL 

Margin   

7 882 000 000

140 978 000 000

134 289 000 000

14 861 853 2563

11 342 270 803

14 861 853 2563

11 342 270 803 

49 387 592 092

36 384 885 000

49 387 592 092

36 384 885 000 

64 249 445 345

-194 445 345  

47 727 155 803

64 249 445 345

47 727 155 803 

-194 445 345  

43 819 801 768

43 701 207 586

43 819 801 768

43 701 207 586 

59 498 833 302

456 166 698  

58 135 640 809

1 006 487 370
668 000 000
1 674 487 370

18 512 630  

8 141 006 470
875 530
7 898 452 499
63 547 501
141 462 224 986
539 657 014

738 570 370
659 387 500
1 397 957 870

7 787 695 183

7 897 947 499

10 530 924

10 530 924

122 946 397 164
11 671 484 836

10 530 924

10 530 924

59 498 833 302

58 135 640 809 

456 166 698  

1 006 487 370
668 000 000
1 674 487 370

18 512 630  

8 141 006 470
875 530
7.908.983.423
53.016.577
141.472.755.910
529.126.090

738 570 370 
659 387 500 
1 397 957 870 

7 787 695 183 

7.908.478.423 

122.956.928.088 
11.660.953.912 

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The European Globalisation adjustment Fund (EGF) is not included in the calculation of the margin under Heading 1a (EUR 500 million). EUR 195 million above the ceiling is 
financed by the mobilisation of the Flexibility Instrument. 
The European Union Solidarity Fund (EUSF) amount is entered over and above the relevant headings as foreseen by the IIA of 17 May 2006 (OJ C 139 of 14.6.2006) 
The 2010 margin for heading 4 does not take into account the appropriations related to the Emergency Aid Reserve (EUR 248,9 million). 
For calculating the margin under the ceiling for heading 5, account is taken of the footnote (1) of the financial framework 2007-2013 for an amount of EUR 80 million for the staff 
contributions to the pension scheme. 

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