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# 51995AP0041

**Legislative resolution embodying Parliament' s opinion on the proposal for a Council Regulation (EC, ECSC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities -(COM(94)0338 - C4-0088/94 - 94/0192(CNS)) (Consultation procedure)** 
  
*Official Journal C 089 , 10/04/1995 P. 0212*

  

A4-0041/95

Proposal for a Council Regulation (EC, ECSC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (COM(94)0338 - C4-0088/94 - 94/0192(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

Whereas this new competitive approach implies changes to certain terms of the Financial Regulation so as to afford the JRC greater flexibility in the management of its appropriations and thus enable it to compete effectively with other similar bodies;

>Text following EP vote>

Whereas this new competitive approach implies changes to certain terms of the Financial Regulation so as to afford the JRC greater effectiveness in the management of its appropriations and thus enable it to compete with other similar bodies;

(Amendment 2)

Recital 4

>Original text>

Whereas, in this connection, the Commission should be given greater autonomy in this area for transferring appropriations, including appropriations for staff;

>Text following EP vote>

Whereas, in this connection, the Commission should be given greater autonomy in this area for transferring appropriations;

(Amendment 3)

ARTICLE 1(1)(d)

(Article 92(3) of the Financial Regulation)

>Original text>

3. Notwithstanding paragraph 1, the JRC may receive appropriations entered elsewhere than in the subsection referred to in this paragraph in respect of its participation on a competitive basis in activities implemented under Community policies financed, in principle, entirely from the general budget.

>Text following EP vote>

3. Notwithstanding paragraph 1, the JRC may receive funding covered by appropriations entered elsewhere than in the subsection referred to in that paragraph in respect of its participation on a competitive basis in activities implemented under Community policies financed, in principle, entirely from the general budget.

(Amendment 4)

ARTICLE 1(1)(da) (new)

(Article 92(3a) (new) of the Financial Regulation)

>Text following EP vote>

(da) The following new paragraph 3a is inserted after paragraph 3:

'3a. The provisions of Title IV on the conclusion of contracts shall apply to the cases provided for in Article 92(1)(e), first indent and Article 92(3).'

(Amendment 5)

ARTICLE 1(1a) (new)

(Article 94, indents 2a and 2b (new) of the Financial Regulation)

>Text following EP vote>

1a. The following new indents 2a and 2b are inserted in Article 94:

>Text following EP vote>

'- with a view to permitting the full range of comparison of budgetary forecasts and execution, the table of correspondence for commitments and payments shall be presented with the same subdivisions and headings in both the budget and the revenue and expenditure account.

>Text following EP vote>

- the Commission shall, on the basis of the working document accompanying the preliminary draft budget, supply the necessary information concerning the expected distribution and utilization of the commitment and payment appropriations for the various budget headings for the duration of the action, and also concerning the evolution of revenue originating from financing from third parties (private or public) and from revenue originating from services provided for third parties.'

(Amendment 6)

ARTICLE 1(2)(b) and (c)

(Article 95, second and third paragraphs of the Financial Regulation)

>Original text>

(b) the second subparagraph is replaced by the following:

'These transfers may not have the effect of increasing or decreasing by more than 22% in commitment appropriations the initial allocation entered in the budget for each of the programmes referred to in Article 92(1)(a) excluding exploratory research. They may not have the effect of increasing the appropriations earmarked for exploratory research by more than 6% in commitment appropriations of the initial allocation for the total of the programmes referred to above.'

>Text following EP vote>

(b) the second paragraph is replaced by the following:

'These transfers may not have the effect of increasing or decreasing by more than 15% in commitment appropriations the initial allocation entered in the budget for each of the programmes referred to in Article 92(1)(a) excluding exploratory research. They may not have the effect of increasing the appropriations earmarked for exploratory research by more than 6% in commitment appropriations of the initial allocation for the total of the programmes referred to above.'

>Original text>

(c) the third subparagraph is deleted.

>Text following EP vote>

Deleted

(Amendment 7)

ARTICLE 1(3)

(Article 96(4), second subparagraph (new) of the Financial Regulation)

>Text following EP vote>

The execution of these appropriations shall be indicated in an accounting breakdown of the revenue and expenditure account for each category of action to which it relates; it shall be separate from revenue originating from financing from third parties (private or public) and from revenue originating from services provided for third parties in the context of the activities referred to in paragraphs 1 and 2 or activities of a different nature.

(Amendment 8)

ARTICLE 2, PARAGRAPH -1 (new)

>Text following EP vote>

The provisions of Article 95 may be revised, if necessary, on the expiration of the 1995-1998 framework programme and on the basis of a reasoned report.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation (EC, ECSC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities - (COM(94)0338 - C4-0088/94 - 94/0192(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(94)0338 - 94/0192(CNS)) ((OJ C 237, 25.8.1994, p. 3.)),

- having been consulted by the Council pursuant to Article 209 of the EC Treaty (C4-0088/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the joint declaration of 4 March 1975 ((OJ C 89, 22.4.1975, p. 1.)) by the European Parliament, the Council and the Commission,

- having regard to the report of the Committee on Budgets and the opinion of the Committee on Budgetary Control (A4-0041/95),

1. Approves the Commission proposal subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls for the conciliation procedure to be initiated, pursuant to the joint declaration of 4 March 1975, should the Council intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.

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