CELEX: 52011PC0511
Language: en
Date: 2011-06-29
Title: Proposal for a COUNCIL REGULATION laying down implementing measures for the system of own resources of the European Union

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		52011PC0511
		
			Proposal for a COUNCIL REGULATION laying down implementing measures for the system of own resources of the European Union /* COM/2011/0511 final - 2011/0184 (APP) */
			
				
		
		
			
			   	EXPLANATORY
MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The purpose of this
proposal is to lay down implementing measures as provided in Article 9 of
Council Decision … of … on the system of own resources of the European Union[1] pursuant to
Article 311(4) of the Treaty on the Functioning of the European Union
(hereinafter "TFEU").
These implementing
measures cover all the practical arrangements for the
Union’s resources which should be governed by a more streamlined procedure in
order to make the system flexible within the framework and limits set out by
the own resource Decision with the exception of those aspects relating to
making the own resources available and to meeting cash requirements. Provisions
of a general nature, applicable to all types of own resources and for which
appropriate parliamentary oversight is particularly important have also been
included in this proposal. This means in particular, aspects of control and
supervision of revenues including
supplementary reporting requirements and the related
powers of Commission inspectors. 
These implementing measures shall be
complemented, in accordance with Article 322(2) TFEU, by regulations determining the methods and
procedure whereby own resources revenue shall be made available or paid to the
Commission, and the measures to be applied, if need be, to meet cash
requirements.
Article 9 of Decision … foresees that
implementing measures shall be provided for:
(a)                   
the tax rates or rates of call of the own
resources established under Articles 2(1)(b), (c) and (d) of Decision …;
(b)                   
the reference Gross National Income (GNI), the
provisions to adjust GNI and the provisions to recalculate the ceilings for
payments and commitments in case of significant changes to GNI, for the purpose
of applying Articles 2(1)(d) and 3 of Decision …;
(c)                   
the procedure for calculating and budgeting the
annual budgetary balance as set out in Article 7 of Decision …;
(d)                   
the provisions and arrangements for controlling
and supervising own resources revenue referred to in Article 2 of Decision …,
including supplementary reporting requirements.
The elements proposed by the Commission relate
thus to implementing measures:
–                        
for the new own resources established under
Article 2(1)(b) and (c) of Decision …, notably their tax rates, control
and supervision;
–                        
taken over from Council Decision 2007/436[2] (hereinafter referred to as
"ORD 2007"), such as reference to the European system of
regional and national accounts (ESA) which is now a Regulation of both the European
Parliament and Council;
–                        
taken over from Council Regulation 1150/2000[3] implementing ORD 2007, for
the calculation of the surplus and for the control and supervision of own
resources revenue, including supplementary reporting requirements, which are
not strictly related to the making available of own resources;
–                        
and taken over from Council Regulation 1026/1999[4] for the powers and obligations
of Commission inspectors as well as the preparation and management of
inspections.
In further details, the
proposal of the Commission may be summarised as follows:
1.1 Chapter I
'Determining own resources'
–                        
Article 1 of the proposal, 'Applicable rates': The Article provides for the tax rates to be applied to the new
categories of own resources set out in Article 2(1)(b) and (c) of Decision
…. Furthermore, provisions under Article 5 of Regulation 1150/2000 are
taken over and updated.
–                        
Article 2 of the proposal, 'Reference
GNI and significant changes thereto': Provisions
under Articles 2(7)§1 and 3(3) of ORD 2007 are taken over and updated
–                        
Article 3 of the proposal, 'Calculation
and budgeting of balance': Provisions under
Articles 15 and 16 of Regulation 1150/2000 are taken over and updated.
1.2 Chapter II 'Provisions concerning control and
supervision, including supplementary reporting requirements'
–                        
Article 4 of the proposal, 'Reporting
fraud and irregularities affecting entitlements':
Provisions under Article 6(5) of Regulation 1150/2000 are taken over,
updated and simplified.
–                        
Article 5 of the proposal, 'Control and
supervision measures': Provisions under
Articles 17(1) and 18 of Regulation 1150/2000 are taken over, updated and
completed in relation to the new own resources set up in Article 2(1)(b)
and (c) of Decision….
–                        
Article 6 of the proposal, 'Reporting by Member
States of their inspections': Provisions under Articles 17(5) and 18(5) of
Regulation 1150/2000 are taken over and updated.
–                        
Articles 7 and 8 of the proposal 'Powers
and obligations of the authorised agents of the Commission' and 'Preparation
and management of inspections': Provisions from
Regulation 1026/1999 are taken over, reorganised for clarity and updated, and
that Regulation is repealed in Article 10 'Final provisions' of this
proposal.
1.3 Chapter III 'Committee and final provisions'
–                        
Article 9 of the proposal, 'Committee
procedure – Advisory Committee on Own Resources (ACOR)': Provides for implementing powers to be conferred on the Commission
in accordance with Regulation (EU) No 182/2011. For
other specific tasks, the Commission may also decide to set up an expert group.
2011/0184 (APP)
Proposal for a
COUNCIL REGULATION
laying down implementing measures for the
system of own resources of the European Union
THE COUNCIL OF
THE EUROPEAN UNION,
Having regard to the
Treaty on the Functioning of the European Union, and in particular the fourth
paragraph of Article 311, in conjunction with the Treaty establishing the
European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to
Council Decision … of … on the system of own resources of the European Union [5], and in particular
Article 9 thereof,
Having regard to the
proposal from the European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the
consent of the European Parliament[6],
Having regard to the
opinion of the Court of Auditors[7],
Having regard to the
opinion of the European Economic and Social Committee[8],
Acting in accordance with a special
legislative procedure,
Whereas:
(1)              
Parliamentary oversight is particularly
important for provisions of a general nature applicable to all types of own
resources and covering control and supervision of revenues including supplementary reporting requirements.
(2)              
In order to maintain
unchanged the amount of financial resources put at the disposal of the Union, it
is appropriate to adapt the ceilings of the Union's own resources for payments
and commitments as determined, respectively, in Article 3(1) and (2) of Decision … expressed in per cent of
Gross National Income (GNI) in case of amendments to Regulation (EU) No … of
[…] on the European system of national and regional accounts in the European
Union[9]
which entail a significant change in the level of GNI.
(3)              
The transparency of the
Union's own resources system should be ensured with adequate information
supplied to the budgetary authority. Therefore, the Member States should keep
at the disposal of the Commission and, where necessary, forward to it the
documents and information needed to allow it to exercise the power conferred
upon it as regards the Union's own resources.
(4)              
The arrangements whereby the
Member States or economic operators responsible for collecting own resources
report to the Commission, should make it possible for the Commission to monitor
their action to recover own resources, in particular in cases of fraud and
irregularities.
(5)              
In order to ensure a balanced budget, any surplus of the Union's revenue over total
actual expenditure during a financial year should be carried over to the
following financial year. Therefore,
the balance to be carried over should be defined.
(6)              
Member States and economic
operators responsible for collecting own resources should conduct checks and
enquiries relating to establishing, making available and paying the Union's own
resources. In order to facilitate application of the financial rules relating
to own resources it is necessary to ensure collaboration between Member States
or economic operators responsible for collecting own resources and the
Commission.
(7)              
For the sake of consistency
and clarity, provisions should be laid down covering the powers and obligations
of agents authorised by the Commission to carry out inspections in relation to the
Union's own resources, taking into account the specific nature of each own
resource. The conditions under which authorised agents carry out their tasks
should be set out, and in particular the rules which all Union officials, other
servants and seconded national experts must observe with regard to professional
confidentiality and the protection of personal data should be laid down. It is
necessary to establish the status of seconded national experts and the
possibility for the Member State concerned to object to the presence, at an
inspection, of officials of other Member States. 
(8)              
For reasons of coherence,
certain provisions of Council
Decision (EC, Euratom) No 2007/436 of 7 June 2007 on the system
of the European Communities’ own resources[10]
and Council Regulation (EC, Euratom) No
1150/2000 implementing Decision 94/728/EC, Euratom on the system of the
Communities' own resources[11]
should be included in this Regulation. Those provisions
concern the reference GNI and significant changes thereto, the rate of call of
the own resource referred to in Article 2(1)(d) of Decision […/…], the calculation and budgeting of the balance, control and
supervision of own resources and supplementary reporting requirements, as well
as the Advisory Committee on Own Resources (ACOR). 
(9)              
In order to ensure uniform
conditions for the implementation of this Regulation, implementing powers
should be conferred on the Commission. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of
the Council of 16 February 2011 laying down the rules and general principles
concerning mechanisms for control by Member States of the Commission’s exercise
of implementing powers[12].
(10)          
The advisory procedure should be used for the
adoption of implementing acts in order to establish detailed
rules on reporting fraud and irregularities affecting
entitlements to traditional own resources and measures for examining
estimates of own resources given the technical nature of those acts required
for reporting purposes.
(11)          
Council Regulation (EC,
Euratom) No 1026/1999 of 10 May 1999 determining the powers and obligations of
agents authorised by the Commission to carry out controls and inspections of
the Communities' own resources[13]
should be repealed.
(12)          
For reasons of consistency,
this Regulation should apply on the same day as Decision … ,
HAS ADOPTED THIS
REGULATION:
Chapter
I
Determining own resources
Article 1 
Applicable rates
1. The tax rates applicable[14] to the own resource referred
to in Article 2(1)(b) of Decision … shall be:
(a)                   
…% for transactions on bonds, stocks and similar
securities;
(b)                   
…% for other transactions.
2. The tax rate applicable to the own
resource referred to in Article 2(1)(c) of Decision… shall be 1.0%.
3. The uniform rate
referred to in Article 2(1)(d) of Decision …shall be set within the
budgetary procedure and shall be calculated as a percentage of the sum of the
forecast of the Gross National Income (GNI) of the Member States in such a
manner that it fully covers that part of the budget not financed from the
revenue referred to in Article 2(1)(a), (b) and (c) of Decision …, from financial contributions
to supplementary research and technological development programmes and other
revenue. 
That rate shall be
expressed in the budget by a figure containing as many decimal places as is
necessary to fully divide the GNI-based resource among the Member States.
Article 2 
Reference GNI and
significant changes thereto
1. GNI referred to in
Article 2(1)(d) of Decision
… shall mean an annual GNI at market price, as
provided by the Commission in application of Regulation … .
2. Where amendments to
Regulation … result in significant changes in the GNI, the Commission shall
inform the European Parliament and Council on the dates of applicaton of those
changes for the purposes of Decision ….
3. Where amendments to
Regulation … result in significant changes in the level of GNI, the ceilings
for payments and commitments as determined in Article 3(1) and (2) of Decision … shall be recalculated by the Commission on the basis of the
following formula:
 1.23%(1.29%)* || GNIt-2 + GNIt-1 + GNIt ESA current 
 GNIt-2 + GNIt-1 + GNIt ESA modified 
In that formula,
"t" is the latest full year for which the data defined by Council
Regulation (EC, Euratom) No 1287/2003[15]
is available.
Article 3 
Calculation and
budgeting of balance
1. For the purpose of
applying Article 7 of Decision … the balance of a given financial year
shall consist of the difference between all the revenue
collected in respect of that financial year and the amount of payments made
against appropriations for that financial year increased by the amount of the
appropriations for the same financial year carried over pursuant to
Article 9 of Regulation … (hereinafter "the Financial
Regulation")[16].
That difference shall be increased or
decreased by the net amount of appropriations carried over from previous
financial years which have been cancelled. By way of derogation from
Article 5(1) of the Financial Regulation, the difference shall also be
increased or decreased by the following:
(a) payments made in excess of
non-differentiated appropriations carried over from the previous financial year
under Article 9(1) and (4) of the Financial Regulation as a result of
change in euro rates;
(b) the balance resulting from exchange
gains and losses during the financial year.
2. The Commission
shall, before the end of October in each financial year, make an estimate of
the own resources collected for the entire year, on the basis of the data at
its disposal at that time. Any appreciable differences in relation to original
estimates may give rise to a letter of amendment to the draft budget for the
following financial year or an amending budget for the current financial year.
Chapter
II
Provisions concerning control and
supervision,
including
supplementary reporting requirements
Article 4 
Reporting fraud and
irregularities affecting entitlements
1. In the two months
following the end of each quarter, Member States shall send the Commission a
description of cases of fraud and irregularities detected involving
entitlements of over EUR 10 000 concerning the own resource referred
to Article 2(1)(a) of Decision ….
Within the period
referred to in the first subparagraph, each Member State shall give details of
the position concerning cases of fraud and irregularities already reported to
the Commission whose recovery, cancellation or non-recovery was not indicated
earlier.
2. For the own resource
referred to in Article 2(1)(c) of Decision … every six month Member States
shall send to the Commission a description of cases of fraud and irregularities
detected involving entitlements of over EUR 10 000 during the
preceding six months.
3. The economic
operators responsible for collecting the own resource referred to in Article
2(1)(b) of Decision… shall notify the Commission, within one month of the
circumstances coming to their attention of any instances of fraud or
irregularity involving entitlements of over EUR 10 000.
4. The Commission shall
adopt implementing acts establishing details of the descriptions mentioned in paragraphs
1, 2 and 3 of this Article as well as measures for examining estimates of own
resources. Those implementing acts shall be adopted in accordance with the
advisory procedure referred to in Article 9(2).
5. A summary of the
notifications referred to in paragraphs 1, 2 and 3 of this Article shall be
included in the Commission report referred to in Article 325(5) of the
Treaty. 
Article 5 
Control and supervision
measures
1. Member States or
economic operators responsible for collecting own resources shall take all
measures that are necessary to ensure that the amount corresponding to the
entitlements established under Article 2(1) of Decision … are made available
or paid to the Commission.
2. Member States shall
conduct the checks and enquiries concerning the establishment and the making
available of the own resources, referred to in Article 2(1)(a) and (c) of
Decision ….
Economic operators
responsible for collecting own resources shall conduct checks and enquiries
concerning the collection of the own resources referred to in
Article 2(1)(b) of Decision …, together with the processes for paying them to the
Commission.
3. Member States or
economic operators responsible for collecting own resources shall carry out additional inspection measures at the Commission's
request. In its request the Commission shall state the reasons for the
additional inspection. Member States or economic operators, shall, if the Commission
so requests, associate it with the inspections, which they carry out. The Commission may, instead, request that certain
documents be forwarded to it. 
4. Economic operators
responsible for collecting own resources shall make available to the Commission
any internal or external audit report or consultancy report available to them,
which includes analysis of the systems that they use to collect own resources,
or to pay those resources to the Commission.
5. The Commission may
itself carry out inspections on the spot. The agents authorised by the
Commission for such inspections shall have access, in so far as the application
of this Regulation so requires, to the supporting documents concerning
establishing, making available or paying own resources, and to any other
appropriate document related to those supporting documents. 
6. Member States or economic operators responsible for
collecting own resources shall facilitate the inspection measures referred to
in paragraph 5. 
7. Where the Commission
is associated with an inspection, the Commission shall have the same access to
supporting and related documents as is set out for the inspections in paragraph
5. 
8. Where the inspection
concern GNI-based own resources the Commission shall also have access to the documents
relating to the statistical procedures and basic statistics referred to in
Article 3 of Regulation (EC, Euratom) No 1287/2003.
9. The inspections
referred to in paragraph 2 shall be without prejudice to the following:
(a) the inspections
carried out by Member States in accordance with their national laws,
regulations or administrative provisions;
(b) the measures provided for in
Articles 287 and 319 of the Treaty;
(c) the inspection
arrangements made pursuant to Article 322(1)(b) of the Treaty.
10. Together with the
Member State concerned, the Commission shall each year inspect the aggregates
provided for errors in compilation, especially in cases notified by the GNI
committee established by Regulation (EC, Euratom) No 1287/2003. In doing so it
may, in individual cases, also examine calculations and statistical bases,
except the information about individual companies or persons, where no proper
assessment would otherwise be possible. The Commission shall respect national
rules on the confidentiality of statistics.
Article 6 
Reporting by Member
States of their inspections
Member States shall
submit detailed annual reports to the Commission on their inspections relating
to the correct collection of own resources and the results of those
inspections, the overall data and any questions of principle concerning the
most important problems arising out of the application of the regulations
implementing Decision […/…] and, in
particular, matters in dispute. The
reports shall be sent to the Commission by 1 March of the year following
the financial year concerned. On the basis of those reports, the Commission
shall prepare a summary report, which shall be brought to the attention of all
Member States.
The Commission shall
adopt implementing acts establishing a form for the Member States' annual
reports mentioned in paragraph 1. Those implementing acts shall be adopted in
accordance with the advisory procedure referred to in Article 9(2).
The Commission shall
report every three years to the European Parliament and to the Council on the
functioning of the inspection arrangements referred to in Article 5.
Article 7 
Powers and
obligations of the authorised agents of the Commission
1. The Commission shall
specifically appoint for the purpose of making the inspections referred to in
Article 5 certain of its officials or other servants (hereinafter
"authorised agents").
For each inspection,
the Commission shall provide the authorised agents with written terms of
reference stating their identity and official capacity. 
Persons placed at the
disposal of the Commission by the Member States as national experts on
secondment may participate at the inspections.
With the explicit and
prior agreement of the Member State or economic operator responsible for
collecting own resources concerned, the Commission may seek the assistance of
officials from other Member States as observers. The Commission shall ensure
that those officials comply with paragraph 3.
2. During the
on-the-spot and associated inspections the authorised agents shall act in a
manner compatible with the rules applicable to the officials of the Member
State concerned. They shall be bound by professional secrecy, under the
conditions laid down in paragraph 3. 
The authorised agent may, if necessary,
contact debtors, but only in the context of the inspections referred to in
Article 5, and only through the competent authorities whose own resources
collection procedures are the subject of the inspection.
3. Information
communicated or obtained under paragraphs 1 and 2, in whatever form, shall be
subject to professional secrecy and receive the protection granted to similar
information under the national law of the Member State in which it was gathered
and under the corresponding provisions applicable to the institutions of the
Union.
That information may not be communicated to
persons other than those within the organisations inspected, the institutions
of the Union or the Member States whose duty it is to know, neither may it be
used for purposes other than those laid down in this Regulation without the
prior consent of the Member State or economic operator responsible for
collecting own resources from whom it was gathered. 
The first and second
subparagraph shall apply to the officials and other servants of the Union, and
national experts on secondment.
4. The Commission shall
ensure that authorised agents and other persons acting under its authority
comply with Directive 95/46/EC of the European Parliament and of the Council[17] and Regulation (EC) No 45/2001 of the European
Parliament and of the Council[18]
and other Union and national rules concerning the protection of personal data
Article 8 
Preparation and management of inspections
1. In a duly
substantiated communication, the Commission shall give notice of an inspection
in good time to the Member State or economic operator responsible for
collecting own resources whose procedures are being examined. Where the
inspection concerns an economic operator responsible for collecting own
resources, the Member State in which the inspection is to take place shall also
be notified. Agents of the Member State concerned may participate in such
inspection.
2. For inspections
where the Commission is associated under Article 5(3) the organisation of the
work and relations with the departments involved in the inspection shall be
ensured by the department designated by the Member State or by the economic
operator responsible for collecting the own resources concerned.
3. On-the-spot
inspections referred to in Article 5(5) shall be carried out by the authorised
agents. For the purposes of the organisation of the work and relations with the
departments, and where appropriate the debtors involved in the inspection,
those agents shall, prior to any on-the-spot inspections, establish the
necessary contacts with the officials designated by the Member State or with
the economic operator responsible for collecting the own resources concerned.
For this type of inspection the terms of reference shall be accompanied by a
document indicating the aim and purpose of the inspection.
4. Inspections
concerning the GNI-based own resource referred to in Article 5(8) shall be
carried out by the authorised agents. For the purposes of the organisation of
the work, those agents shall establish the necessary contacts with the
competent administrations in the Member States.
5. The Member States or
economic operators concerned shall ensure that the departments or agencies
responsible for establishing, collecting and making available the own
resources, and the authorities which they have instructed to carry out the
inspections thereon, provide the authorised agents with the assistance
necessary for carrying out their duties.
For the purposes of
on-the-spot inspections referred to in Article 5(5), Member States or the
economic operators concerned shall inform the Commission in good time of the
identity and capacity of the persons appointed to take part in these
inspections and to afford the authorised agents every assistance necessary for
carrying out their duties.
6. The results of the
on-the-spot inspections carried out and those with which the Commission is
associated shall be brought to the attention of the Member State or of the
economic operator concerned through the appropriate channels within a period of
three months. The recipient of the report shall submit its observations within
the three months following receipt of the report. However, for duly
substantiated reasons, the Commission may request the recipient concerned to
submit observations on specific points within a period of one month following
receipt of the report. The Member State or the economic operator concerned may
decline to respond by means of a communication stating the reasons which
prevent it from responding to the Commission's request.
Thereafter the results
and observations arising from the on-the-spot and associated inspections of
Member States shall be brought to the attention of all Member States. 
Where the on-the-spot or associated inspections
identify the need for amendment or correction of data in the statements or
declarations sent to the Commission regarding own resources and the resultant
corrections are to be made via a current statement or declaration then the
relevant changes shall be identified, in the statement or declaration so used,
by means of appropriate notes.
Chapter III
Committee and final provisions
Article 9 
Committee procedure
– Advisory Committee on Own Resources (ACOR)
1. The
Commission shall be assisted by a committee, the
Advisory Committee on Own Resources (ACOR). That committee shall
be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where
reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011
shall apply.
Article 10
Final provisions
Regulation (EC,
Euratom) No 1026/1999 is repealed. 
References to the
repealed Regulation and to the provisions of Decision
(EC, Euratom) No 2007/436, repealed by Decision …, and of Regulation (EC,
Euratom) No 1150/2000 repealed by Council Regulation …[19], which are referred to in the
correlation table set out in the Annex to this Regulation shall be construed as references to this Regulation and
shall be read in accordance with that correlation table.
Article 11 
Entry into force
This Regulation shall
enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
It shall apply from
1 January 2014.
This Regulation shall be binding in its
entirety and directly applicable in all Member States.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
ANNEX
Correlation
table
 Decision (EC, Euratom) No 2007/436 || Regulation (EC, Euratom) No 1026/1999 || Regulation (EC, Euratom) No 1150/2000 || This Regulation 
   ||   ||   || Article 1(1) 
   ||   ||   || Article 1(2) 
   ||   || Article 5 || Article 1(3) 
 Article 2(7) first subparagraph ||   ||   || Article 2(1) 
 Article 2(7) second subparagraph ||   ||   || Article 2(2) 
 Article 3(3) ||   ||   || Article 2(3) 
   ||   || Article 15 || Article 3(1) 
   ||   || Article 16 || Article 3(2) 
   ||   || Article 6(5) || Article 4 
   ||   || Article 17(1) || Article 5(1) 
   ||   || Article 18(1) || Article 5(2) 
   ||   || Article 18(2) || Article 5(3) 
   ||   ||   || Article 5(4) 
   ||   || Article 18(3) || Article 5(5) 
   ||   || Article 18(2) || Article 5(6) 
   ||   || Article 18(2) and (3) || Article 5(7) 
   ||   ||   || Article 5(8) 
   ||   || Article 18(4) || Article 5(9) 
   ||   || Article 19 || Article 5(10) 
   ||   || Article 17(5) and 18(5) || Article 6 
   || Article 1 ||   || Article 7(1) 
   || Article 3(1) ||   || Article 7(2) 
   || Article 5 ||   || Article 7(3)&(4) 
   || Article 2(1)&(2) ||   || Article 8(1) 
   || Article 3(2) ||   || Article 8(2),(3)&(4) 
   || Article 4 ||   || Article 8(5) 
   || Article 6 || Article 18(2) || Article 8(6) 
   ||   || Articles 20 and 21 || Article 9 
   ||   ||   || Article 10 
   ||   ||   || Article 11 
[1]               OJ L […], […], p. […].
[2]               OJ L 163, 23.6.2007, p. 17
[3]               OJ L 130, 31.5.2000, p. 1, as amended by
Council Regulations 2028/2004 of 16.11.2004 (OJ L 352, 27.11.2004,
p. 1) and 105/2009 of 26.1.2009 (OJ L 36, 5.2.2009, p. 1).
[4]               OJ L 126, 20.5.1999, p. 1
[5]               OJ L […], […], p. […].
[6]               OJ C […], […], p. […].
[7]               OJ C […], […], p. […].
[8]               OJ C […], […], p. […].
[9]               OJ L […], […], p. […], as last amended by […]
[10]             OJ L 163, 23.6.2007, p. 17.
[11]             OJ L 130, 31.5.2000, p. 1.
[12]             OJ L 55, 28.2.2011, p. 13.
[13]             OJ L 126, 20.5.1999, p. 1.
[14]             Should the legislative act referred to in article
2(1)(b) of Decision … provide for differentiated rates for transactions
executed in regulated markets and outside regulated markets, the tax rates
applicable to the own resources will be adjusted on this basis.
[15]             OJ L 181, 19.7.2003, p. 1.
[16]             OJ L […], […], p. […]
[17]             OJ L 281, 23.11.1995, p. 31.
[18]             OJ L 8, 12.1.2001, p. 1.
[19]             OJ L […], […], p. […].