CELEX: 31973Q0004
Language: en
Date: 1973-01-18 00:00:00
Title: Financial Regulation of 18 January 1973 on special provisions to meet the cash requirements of the Communities within the framework of budgetary expenditure

24 . 1 . 73                            Official Journal of the European Communities                             No L 19/ 11
                                                                 II
                                           (Acts whose publication is not obligatory)
                                                         COUNCIL
                                                  FINANCIAL REGULATION
                                                        of 18 January 1973
              on special provisions to meet the cash requirements of the Communities within the
                                              framework of budgetary expenditure
                                                   (73/4/ECSC, EEC, Euratom)
 THE COUNCIL OF THE EUROPEAN                                        HAS ADOPTED THIS FINANCIAL REGULATION :
 COMMUNITIES, .
                                                                                              Article 1
 Having regard to the Treaty establishing the Euro­
 pean Coal and Steel Community, and in particular                    1 . Each Member State shall pay 'own resources'
 Article 78f thereof ;
                                                                    which are actually established at the level of the per­
                                                                     centage laid down, for the financial year in question,
 Having regard to the Treaty establishing the Euro­                 in Article 3 ( 1 ), fourth paragraph, of the Decision of
pean Economic Community, and in particular Art­                     21 April 1970.
icle 209 thereof ;
                                                                    Member States, however, which in accordance with
 Having regard to the Treaty establishing the Euro­                 the estimates entered in the budget do not have to
 pean Atomic Energy Community, and in particular                    pay financial contributions shall pay monthly, as
 Article 183 thereof ;                                              own resources, an amount corresponding to the rela­
                                                                    tive share applied to the cash requirements referred
                                                                    to in paragraph 2. The adoption of the supplemen­
 Having regard to the proposal from the Commis­
sion ;
                                                                    tary or amending budget shall entail, where appro­
                                                                    priate, the amendment of that relative share.
Whereas after the entry into force of the provisions                2. The cash requirements, assessed monthly, shall
of the Decision of 21 April 1970 (*) on the replace­                be met by the Member States in proportion with the
ment of iinancial contributions from Member States                  relative share laid down in the budget for each of
by the Communities' own resources and also of Reg­                  them .
ulation No 2-71 (2) implementing that Decision, it is
necessary to lay down provisions to meet, in an                     3.    'Each Member State shall deduct from the sum
adequate manner, the estimated cash requirements
                                                                    thus required of it the amount of own resources to
of the Communities by the payment of 'own re­                       be paid during the same month in accordance with
sources ' and contributions from Member States in ac­
                                                                    paragraph 1 .
cordance with a timetable adapted to those requir­
ments ;
                                                                                              Article 2
Whereas such provisions are all the more urgent be­                 When the accounts are closed for each financial
cause, as from 1 January 1973 , the financial require­
                                                                    year, the Commission shall draw up a table of
ments of the enlarged Communities have to be met ;                  amounts paid showing the difference between the
                                                                    amount actually paid by the Member States and that
                                                                    which they should have paid in accordance with the
     OJ No L 94, 28 . 4 . 1970, p. 19 .                             account for revenue and expenditure for the finan­
(2) OJ No L 3 , 5 . 1 . 1971 , p. 1 .                               cial year in question.
 ---pagebreak--- No L 19/ 12                            Official Journal of the European Communities                            24 . 1 . 73
The total amount thus determined shall be refunded               — To the extent of 7/ 12 not later than 15 January ;
to the Member States in the form of a deduction
                                                                 — the balance not later than 15 July.
from the next monthly payment to be made.
                                                                 These different payments shall be entered in a
If necessary and up to a maximum amount of 400                   special 'contributions' account opened by each Mem­
million units of account the Member States shall, at             ber State with a body which it shall specify.
the request of the Commission, simultaneously place
at the disposal of the Commission the total amount               Any delay in entering in this account the amounts
referred to in the second subparagraph. In that case,            due pursuant to Articles 1 to 4 shall give rise to pay­
the financial contributions from Member States shall             ment by the Member State concerned1 of interest,
be apportioned as follows :                                      the rate of which shall be equal to the highest dis­
— for the new Member States, in accordance with                  count rate in the Member States applied on the date
     the percentage laid down in Article 129 of the               of expiry. That rate shall be increased by 0-25 point
     Accession Treaty (x ) taking into account the               for each month of delay.
     abatements provided for in Article 130 thereof ;
                                                                                          Article 5
— for the other Member States, and in order to
     cover the balance, in accordance with the percen­            Four times a year, the Commission shall submit a
     tage scale laid down in Article 3 (2) of the Deci­           report to the Council on the implementation of the
     sion of 21 April, 1970.                                      budget. That report shall make it possible to exam­
                                                                  ine the cash balance of the Communities and see
 If the overall amount referred to above exceeds 400
                                                                 whether it matches current requirements.
 million units of account that excess is then included                                    Article 6
 in the cash needs of the Commission .
                                                                  Payments provided for in the preceding Articles
                                                                  shall be made in national currencies ; they shall be
 The amounts thus determined shall be charged in                  calculated on the basis of the parity declared to the
 the next monthly payment to be made.                             International Monetary Fund in force on the day of
                                                                  payment.
                          Article 3                                                       Article 7
 If when the Commission calls for funds the budget                The notification provided for in Article 4(1 ) shall be
has still not been adopted, the relative share taken              made for the first time on 20 January 1973 . The cor­
 as reference for determining the contribution of each            responding payments other than 'own resources'
 Member State in accordance with Article 1 (2 ) shall             shall be made by each Member State on 5 February
 be that of the draft or preliminary draft budget                 at the latest.
 under consideration.
                                                                                          Article 8
                          Article 4                               This financial Regulation shall enter into force on
 1 . The Commission shall, not later than the first
                                                                 the day following its publication in the Official
                                                                  Journal of the European Communities.
 of the month preceding that to which the estimate
 refers, inform each Member State of the cash require­            It shall be applicable until 30 April 1973 .
 ments referred to in Article 1 (2).
 2. The corresponding payments other than own                     Done at Brussels, 18 January 1973 .
 resources shall be made by each Member State not
 later than the end of each month.                                                             For the Council
                                                                                                The President
 However, the contributions under Chapter 51 of the
 revenue of the Budget Nomenclature shall be paid :                                             Th . LEFEVRE
 (x) OJ Special Edition, 27. 3 . 1972, p. 5 .