CELEX: 51993PC0706(03)
Language: en
Date: 1994-02-04
Title: Amended proposal for a COUNCIL REGULATION (ECSC, EC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities

5 . 3 . 94                             Official Journal of the European Communities                            No C 68 / 21
             Amended proposal for a Council Regulation (ECSC, EC, Euratom) amending the Financial
             Regulation of 21 December 1977 applicable to the general budget of the European
                                                        Communities (')
                                                         (94 /C 68 /09)
                                                      COM(93) 706 final
             (Submitted by the Commission pursuant to Article 189A (2) of the EC Treaty and Article 119 (2)
                                           of the EAEC Treaty on 4 February 1994)
             O OJ No C 68 , 11 . 3. 1993 , p. 12 .
             In the light of the opinions of Parliament and the Court of Auditors, the Commission is
             presenting the following proposal :
                    ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European
 Coal and Steel Community, and in particular Article 78h
thereof,
 Having regard to the Treaty establishing the European             Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 209                 Community, and in particular Article 209 thereof,
 thereof,
 Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular Article 183
thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European
Parliament,
Having regard to the opinion of the Court of Auditors,
                                                                   The following recital is added before the first recital :
                                                                   Whereas the institutions have agreed, in the Interinstitu­
                                                                   tional Agreement of 29 October 1993, to enter in the
                                                                   general budget a reserve to guarantee loans to
                                                                   non-member countries and a reserve for emergency aid ;
Whereas conciliation took place in a conciliation
committee, as provided for in the Joint Declaration of
the European Parliament, the Council and the
Commission of 4 March 1975 ('),
(») OJ No C 89, 22 . 4 . 1975 , p . 1 .
 ---pagebreak--- No C 68 /22                            Official Journal of the European Communities                                 5 . 3 . 94
                      ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
Whereas under Council Decision ... on budgetary
discipline the general budget is to include a reserve for
emergency aid and a reserve to guarantee Community
loans and loan guarantees to non member countries ;
whereas those reserves should be given recognition in the
relevant provisions of the Financial Regulation ; whereas
provision needs to be made for the necessary budget
structure in the presentation of the budget nomenclature ;
                                                                 The last recital is replaced by the following :
Whereas the creation of the Guarantee Fund under                 Whereas the creation of the Guarantee Fund under
Council Regulation (EEC, Euratom) No . . . requires              Council Regulation (EEC, Euratom) No ... requires
provisions to be included so that repayments made direct         provisions to be included so that all operations relating
by the Guarantee Fund to lenders are recorded in the             in whatever way to the Guarantee Fund are recorded in
budget,                                                          the budget,
HAS ADOPTED THIS REGULATION :
                            Article 1                                                      Article 1
The Financial Regulation is amended as follows :
 1 . The following paragraph (x) is added to Article 19 :        Article 19 (7):
     *7. The subsection concerning "Cooperation with             '7. The subsection concerning "Cooperation with
     developing countries and other third countries" shall       developing countries and other third countries" shall
     include the following two reserves, the conditions for      include the following two reserves, the conditions for the
     the entry, utilization and financing of which are laid      entry, utilization and financing of which are laid down
     down in Council Decision ... of ... on budgetary            in the Interinstitutional Agreement, Council Decision . . .
     discipline and in Council Regulation (EEC, Euratom)         of ... on budgetary discipline and Council Regulation
     No 1552 / 89 :                                              (EEC, Euratom) No 1552 / 89 :
     (a) a reserve for emergency aid for non-member              (a) unchanged ;
          countries ;
     (b) a reserve to guarantee Community loans and loan         (b) unchanged.'
          guarantees to non member countries.'
2. The following point 6 is added to Article 20 :                Article 20, point 6 :
     '6. As regards the budgetary impact of the reserve to          'Unchanged
         guarantee Community loans and loan guarantees
         to non-member countries and in those countries
         and of implementing the Guarantee Fund set up
         by Council Regulation (EEC, Euratom) No ... :
(') The current paragraph 7 is deleted by the proposal in
     COM(92) 358 of 2 September 1992.
 ---pagebreak--- 5 . 3 . 94                                Official Journal of the European Communities                            No C 68 / 23
                         ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
            (a) in the general statement of revenue :                  (a) in the general statement of revenue :
                — a heading to cover the financing of the                  — unchanged,
                    reserve to guarantee Community loans
                    and loan guarantees to non-member
                    countries as and when it is mobilized in
                    accordance with Article 1 3 of Decision . . .
                    concerning budgetary discipline,
                — a heading to record in the budget                        — unchanged,
                    payments made by the Guarantee Fund,
                — a heading to allow late repayments by                    — a heading to allow late repayments by
                    defaulting recipients to be booked to the                  defaulting recipients to be booked to the
                    budget if they are not made direct to the                  budget even if they are made direct to the
                    Guarantee Fund in accordance with the                      Guarantee Fund in accordance with the third
                    third indent of Article 2 of Regulation                    indent of Article 2 of Regulation (EEC,
                    (EEC, Euratom) No . . . establishing the                   Euratom) No . . . establishing the Fund,
                    Fund,
                — a heading to accommodate the repayment                   — unchanged ;
                    to the budget of any Guarantee Fund
                    surplus in accordance with Article 14 of
                    Decision . . . concerning budgetary
                    discipline ;
            (b) in the Commission section of the statement of          (b) in the Commission section of the statement of
                expenditure :                                              expenditure :
                — the heading for the endowment of the                     — the heading for the endowment of the
                    Guarantee Fund in accordance with the                      Guarantee    Fund   in   accordance   with  the
                    provisions contained in Articles 2 and 4 of                provisions contained in Articles 2 and 4 of
                    Regulation (EEC, Euratom) No . . . estab­                  Regulation (EEC, Euratom) No . . . estab­
                    lishing the Guarantee Fund .'                              lishing the Guarantee Fund .
                                                                               The remarks against this heading shall include
                                                                               a summary table of all operations concerning
                                                                               the Fund. This table shall be updated peri­
                                                                               odically.'
3. The following paragraph 11 is added to Article 26 :              Unchanged
    * 11 .)     Decisions on transfers to allow the utilization
    of the reserve to guarantee Community loans and
    loan guarantees to non-member countries and the
    reserve for emergency aid shall be taken by the
    budgetary authority in accordance with paragraph 5 .'
 ---pagebreak--- No C 68 / 24                           Official Journal of the European Communities               5 . 3 . 94
                     ORIGINAL PROPOSAL                                           AMENDED PROPOSAL
4. The following Title Xa is inserted :
    'TITLE Xa
    Special provisions applicable to the recording in the
    general budget of repayments made direct by the
    Guarantee Fund
    Article 123a
    In accordance with Article 1 of Regulation (EEC,
    Euratom) No . . . setting up the Guarantee Fund, the
    Guarantee Fund shall make payments direct to
    lenders in the event that loan recipients default.
    In order to record these operations in the general
    budget, which provides the guarantee of their
    performance, the following procedure shall apply :
    — the amount paid by the Guarantee Fund shall be
        recorded by the issue of a recovery order within
        seven working days for the heading specifically
        entered for this purpose in the statement of
        revenue in accordance with Article 20 (6),
   — at the same time as this entry in the statement of
        revenue, an appropriation of the same amount
        shall be entered under the corresponding heading
        in the statement of expenditure — carrying a
        token entry in accordance with Article 20 (5) (b)
       — to record the expenditure effected, in
        accordance with the relevant provisions in Part I
        of Section III of Title III .'
                           Article 2
This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.
It shall apply from . . .
This Regulation shall be binding in its entirety and
directly applicable in all Member States .