CELEX: 51993PC0020(04)
Language: en
Date: 1993-01-26
Title: Proposal for a COUNCIL REGULATION (EEC, Euratom) amending Regulation (EEC, Euratom) No 1552/89 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources

11 . 3 . 93                               Official Journal of the European Communities                                No C 68 / 13
                — a heading to accommodate the repayment                   Guarantee Fund shall make payments direct to
                    to the budget of any Guarantee Fund                    lenders in the event that loan recipients default.
                    surplus in accordance with Article 14 of
                    Decision     ...   [concerning    budgetary
                    discipline];                                           In order to record these operations in the general
                                                                           budget, which provides the guarantee of their
            (b) in the Commission section of the statement of              performance, the following procedure shall apply :
                expenditure :
                — the heading intended for the endowment                  — the amount paid by the Guarantee Fund shall be
                    of the Guarantee Fund in accordance with                   recorded by the issue of a recovery order within
                    the provisions contained in Articles 2 and                 seven working days for the heading specifically
                    4 of Regulation ( EEC , Euratom) No . . .                  entered for this purpose in the statement of
                    [establishing the Guarantee Fund].                         revenue in accordance with Article 20 (6);
     (**) OJ No L . .                                                     — at the same time as this entry in the statement of
                                                                               revenue, an appropriation of the same amount
3 . The following paragraph 11 is added to Article 26 :                        shall be entered under the corresponding heading
                                                                               in the statement of expenditure — carrying a
     ' 11 .     Decisions on transfers to allow the utilization
                                                                               token entry in accordance with Article 20 (5) (b)
     of the reserve to guarantee Community loans and                          — to record the expenditure effected , in
     loan guarantees to non-member countries and in                            accordance with the relevant provisions in Part I
     those countries and the reserve for emergency aid                        of Section III of Title III .'
     shall be taken by the budgetary authority in
     accordance with paragraph 5 .'
                                                                                                 Article 2
4 . The following Title Xa is inserted :
     'TITLE Xa                                                         This Regulation shall enter into force on the seventh day
                                                                       following that of its publication in the Official Journal of
     Special provisions applicable to the recording in the             the European Communities.
     general budget of repayments made direct by the
     Guarantee Fund
                                                                       It shall apply from . . .
     Article 123a
     In accordance with Article 1 of Regulation (EEC,                  This Regulation shall be binding in its entirety and
     Euratom) N° . . . [setting up the Guarantee Fund], the            directly applicable in all Member States .
                   Proposal for a Council Regulation (EEC, Euratom) amending Regulation (EEC, Euratom) No
                   1552/89 implementing Decision 88/376/EC, Euratom on the system of the Communities' own
                                                              resources
                                                            (93 /C 68 / 10)
                                                          COM(93) 20 final
                                         (Submitted by the Commission on 17 February 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Communities' own resources ('), and in particular Article
                                                                       8 (2) thereof,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 209                      Having regard to the proposal from the Commission,
thereof,
                                                                       Having regard to the opinion of the European
Having regard to the Treaty establishing the European                  Parliament,
Atomic Energy Community, and in particular Article 183
thereof,                                                               Having regard to the opinion of the Court of Auditors,
Having regard to Council Decision 88 / 376/ EEC ,
Euratom of 24 June 1988 on the system of the                           0) OJ No L 185 , 15 . 7. 1988 , p. 24 .
 ---pagebreak--- No C 68 / 14                                  Official Journal of the European Communities                                  11 . 3 . 93
Whereas additional rules need to be laid down governing                     case, the entry shall be made on the first working day
the arrangements whereby Member States make available                       of the second month after charging.
to the Commission the own resources assigned to the
Communities ;                                                               The entry in respect of the reserve to guarantee
                                                                            Community loans and loan guarantees to
                                                                            non-member countries and in those countries and the
Whereas Council Decision ... of ... concerning                              reserve for emergency aid established by Council
budgetary discipline provides for the entry in the general                  Decision . . . [concerning budgetary discipline] (*)
budget of the European Communities of a reserve to                          shall be made on the first working day of the second
guarantee Community loans and loan guarantees to                            month following the charging to the budget of the
non-member countries and in those countries and a                           expenditure concerned and shall be limited to the
reserve for emergency aid ;                                                 said expenditure .
Whereas rules need to be added to Council Regulation                        By way of derogation from Article 5 of the Financial
(EEC , Euratom) No 1552/ 89 (l), as last amended by                         Regulation , these entries shall be taken into account
Regulation (EEC , Euratom) No . . . of . . ., to cover the                  in the financiel year to which they relate .
operation of these reserves,                                                However, if the situation as regards the implemen­
                                                                            tation of the budget for the year is such that the
HAS ADOPTED THIS REGULATION :                                               entries relating to the EAGGF monetary reserve and
                                                                            the reserve for emergency aid are not necessary to
                                                                            achieve a balance between revenue and expenditure
                             Article 1                                      for the year, the Commission may decide to dispense
                                                                            with these entries or part of these entries .
The second subparagraph of Article 10 (3) of Regulation
(EEC, Euratom) No 1552 / 89 is hereby replaced by the
following :                                                                 (*) OJ No L . . .'.
    'The entry in respect of the EAGGF monetary                                                   Article 2
    reserve     referred   to    in     Article   6   of  Decision
    88 / 376 / EEC , Euratom shall be made on the first                 This Regulation shall enter into force on the seventh day
    working day of the month following the charging to                  following that of its publication in the Official Journal of
    the budget of the expenditure concerned and shall be                the European Communities.
    limited to the said expenditure if charging is effected             It shall apply from . . . 1993 .
    before the 16th day of the month . If such is not the
                                                                        This Regulation shall be binding in its entirety and
(') OJ No L 155 , 7 . 6 . 1989 , p. 1 .                                 directly applicable in all Member States .