CELEX: 51983PC0254
Language: en
Date: 1983-05-10
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION ( ECSC, EEC, EURATOM ) AMENDING REGULATION ( EEC, EURATOM, ECSC ) NO 2891/77 IMPLEMENTING THE DECISION OF 21 APRIL 1970 ON THE REPLACEMENT OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES BY THE COMMUNITIES' OWN RESOURCES

No C 146/4                             Official Journal of the European Communities                               4.6.83
                                                             II
                                                     (Preparatory Acts)
                                               COMMISSION
              Amendment to the proposal for a Council Regulation amending Regulation (EEC,
              Euratom, ECSC) No 2891/77 implementing the Decision of 21 April 1970 on the
              replacement of financial contributions from Member States by the Communities' own
                                                       resources (')
              (Submitted by the Commission to the Council pursuant to the second paragraph of
              Article 149 of the EEC Treaty and the second paragraph of Article 119 of the Euratom
                                                  Treaty on 20 May 1983)
1. The fifth recital is amended as follows:                               Member States shall enter on the first working
   'Whereas, in view of the Community nature of                           day of each month, including January, one-
   own resources, the Community's                 financial                twelfth of the amount of VAT own resources or,
   autonomy should be enhanced by a provision that                         if appropriate, of the GNP-based financial
   the balances in the Community's accounts to which                      contributions entered in the last budget finally
   the Member States credit own resources should bear                     adopted; the adjustment shall be made on the
   interest; whereas own resources should therefore be                    first due date following final adoption of the
   credited to accounts with financial institutions, and                  budget if it is adopted before the 16th of the
   no longer to the treasuries of the Member States.'                     month. Otherwise, the adjustment shall be
                                                                          made on the second due date following final
2. Article 9 (1) is amended as follows:                                   adoption of the budget.'
   (a) the frist subparagraph is replaced by the
       following:                                                4. Article 10 (6) is amended as follows:
       'the amount of own resources established shall
                                                                     The text:
       be credited by each Member State to the
       account opened in the name of the                             'Any corrections to the VAT resources basis under
       Commission with a financial institution                       Article 10 (b) (1) of Regulation (EEC, Euratom,
       appointed for this purpose by agreement between               ECSC) No 2892/77 shall give rise for each
        the Commission and the Member State                          Member State concerned to the following
        concerned.'                                                  adjustments to the balance referred to in
   (b) The third subparagraph is replaced by the                     paragraph 4 of this Article:
       following;
                                                                     — the corrections under the first subparagraph of
       'This account shall bear interest.'
                                                                         Article 10 (b) (1) shall give rise to a general
3. Article 10 (3) is amended as follows:                                  adjustment to be entered in the account
                                                                         referred to in Article 9 (1) of this Regulation
   (a) The fourth subparagraph is replaced by the                        on the first working day of August of the same
       following:                                                        year;
       'Calculation of the twelfth for the month of
       January of each financial year shall be based                 — the corrections under the second subparagraph
       on the amounts provided for in the draft                          of Article 10 (b) (1) shall give rise to an
       budget referred to in Article 78 (3) of the                        adjustment to be entered in the account
       ECSC Treaty, Article 203(3) of the EEC                             referred to in Article 9 (1) of this Regulation
       Treaty and Article 177 (3) of the Euratom                          one month after the expiry of the period
       Treaty; the adjustment shall be made together                      allowed by the Commission in its reasoned
       with the entry for the following month.'                           decision for making the correction.'
   (b) The following fifth subparagraph is added:
       'If the budget has not been finally adopted                   is replaced by:
       before the beginning of the financial year, the               Any corrections to the VAT resources basis under
                                                                     Article 10 (b) (1) of Regulation (EEC, Euratom,
                                                                     ECSC) No 2892/77 shall give rise for each
O OJ No C 231, 4. 9. 1982, p. 15.                                     Member State concerned to the following
 ---pagebreak--- 4. 6. 83                        Official Journal of the European Communities                                N o C 146/5
    adjustments to the balance          referred to   in       payment of interest by the Member State
   paragraph 4 of this Article:                                concerned at the interest rate applicable on the
   — corrections under the first subparagraph of               Member States money market on the due date for
       Article 10 (b) (1) made up to 30 June shall give        short-term public financing operations, increased by
       rise to a general adjustment to be entered in           five points. This rate shall be increased by 0,25 of
       the account referred to in Article 9(1) of this         a percentage point for each month of delay. The
       Regulation on the first working day of August           increased rate shall be applied to the entire period
       of the same year. However, if a Member State            of delay.'
        or the Commission so requests, a special
       adjustment may be made before that date.             6. In Article 18 (2) (b), 'in Article 7 (3)' is replaced by
   — corrections under the second subparagraph of              'in Article 6 (3)'.
       Article 10 (b) (1) shall give rise to an
       adjustment to be entered in the account              7. In Article 21 (a), 'in Article 5' is replaced by 'in
       referred to in Article 9 (1) of this Regulation
                                                               Article 8'.
       on the first working day of the month following
       the expiry of the period allowed by the
        Commission in its measures for the correction of    8. Article 22 is replaced by the following:
       the basis.
                                                               'The Commission shall, by the end of the third year
5. Article 11 is replaced by the following:                    of application of this Regulation, present a report
   'Any delay in making the entry in the account               together with any proposals for amendments
   referred to in Article 9(1) shall give rise to the          thereto.'