CELEX: 51993PC0020(03)
Language: en
Date: 1993-01-26
Title: Proposal for a COUNCIL REGULATION (ECSC, EEC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities

No C 68 / 12                           Official Journal of the European Communities                                      11 . 3 . 93
              Proposal for a Council Regulation (ECSC, EEC, Euratom) amending the Financial Regulation
                  of 21 December 1977 applicable to the general budget of the European Communities
                                                         (93 / C 68 / 09)
                                                       COM(93) 20 final
                                      (Submitted by the Commission on 17 February 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               *7 . The subsection concerning "Cooperation with
                                                                        developing countries and other third countries" shall
 Having regard to the Treaty establishing the European                  include the following two reserves, the conditions for
 Coal and Steel Community, and in particular Article 78h                the entry, utilization and financing of which are laid
thereof,                                                                down in Council Decision ... of ... [on budgetary
                                                                        discipline] (*) and in Regulation (EEC , Euratom) No
Having regard to the Treaty establishing the European                    1552 / 89 :
Economic Community, and in particular Article 209
thereof,
                                                                        (a) a reserve for emergency aid for non-member
                                                                             countries ;
Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular Article 183
thereof,                                                                (b) a reserve to guarantee Community loans and loan
                                                                             guarantees to non-member countries and in those
Having regard to the proposal from the Commission,                           countries .
Having regard to the opinion of the European
Parliament,
                                                                        (*) OJ No L . .
Having regard to the opinion of the Court of Auditors ,
Whereas conciliation has taken place in a conciliation              2. The following point 6 is added to Article 20 :
committee, as provided for in the Joint Declaration of
the European Parliament, the Council and the                            '6. As regards the budgetary impact of the reserve to
Commission of 4 March 1975 (');
                                                                            guarantee Community loans and loan guarantees
                                                                            to non-member countries and in those countries
Whereas under Council Decision ... of ... on budgetary                      and of implementing the Guarantee Fund set up
discipline the general budget is to include a reserve for                   by Council Regulation (EEC , Euratom) No
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                   ( a) in the general statement of revenue :
provision needs to be made for the necessary budget
structure in the presentation of the budget nomenclature ;
                                                                                  — a heading to cover the financing of the
Whereas the creation of the Guarantee Fund under                                       reserve to guarantee Community loans and
Council Regulation (EEC, Euratom) No requires                                          loan guarantees to non-member countries
                                                                                       and in those countries as and when it is
provisions to be included so that repayments made direct
                                                                                       mobilized in accordance with Article 13 of
by the Guarantee Fund to lenders are recorded in the
budget,                                                                                Decision . . .     [concerning   budgetary
                                                                                       discipline],
HAS ADOPTED THIS REGULATION :
                                                                                  — a heading to record in the budget
                          Article 1                                                    payments made by the Guarantee Fund ,
The Financial Regulation is amended as follows :
                                                                                  — a heading to allow late repayments by
1 . The following paragraph 7 (2) is added to Article 19 :                             defaulting recipients to be booked to the
                                                                                       budget if they are not made direct to the
                                                                                       Guarantee Fund in accordance with the
O OJ No C 89 , 22 . 4 . 1975 , p. 1 .                                                  third indent of Article 2 of Regulation
(2) The current paragraph 7 is deleted by the proposal in                              (EEC , Euratom) No . . . [establishing the
    COM(92) 358 of 2 September 1992 .                                                  Fund],
 ---pagebreak---  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 .