28.11.98 Official Journal of the European Communities L 320/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC, ECSC, EURATOM) No 2548/98 of 23 November 1998 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 209 thereof, 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 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 Parlia- ment (%), Having regard to the opinion of the Court of Auditors (%), Whereas the conciliation instituted by the Joint Declara- tion of 4 March 1975 by the European Parliament, the Council and the Commission has taken place within a conciliation committee; Whereas the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities () (hereinafter ‘the Financial Regulation’) must be amended to improve financial management within the institutions; Whereas the management of commitments is sometimes subject to considerable delays and the control of ongoing commitments must therefore be strengthened; whereas to that end the provision in Article 1(7), inserted when Regulation (Euratom, ECSC, EEC) No 610/90 of 13 March 1990 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities () was adopted, should be supplemented by providing for general provisions on cancelling appropriations in Articles 1(7) and 36(2); whereas however it should be provided that these provi- sions do not apply to the Structural Funds or the Cohe- () OJ C 296, 8. 10. 1996, p. 13 and OJ C 359, 25. 11. 1997, . 9. A PC))j C 286, 22. 9. 1997, p. 330. () Opinion delivered on 9 and 10 July 1997 (not yet published in the Official Journal). () OJ L 356, 31. 12. 1977, p. 1. Regulation as last amended by Regulation (EC) No 2444/97 (O] L 340, 11. 12. 1997, p. 1). () OJ L 70, 16. 3. 1990, p. 1. sion Fund, so as not to affect the possible development of particular provisions concerning them and having regard to the need to ensure consistency between them all; Whereas there must be strict control of the delegation and subdelegation of powers to sign; whereas staff who exercise powers which are not delegated or subdelegated to them or who exercise powers in excess of the limits of the powers expressly conferred on them must be made liable to disciplinary action and, where appropriate, to payment of compensation; Whereas, if management of Community programmes is subcontracted, this must be governed by appropriate provisions to guarantee the transparency of operations and to lay down the procedure for the entry in the accounts of the funds available for use in financing the programmes in question; Whereas the financial controller is responsible for the internal audit of his institution; whereas, in this respect, he must be consulted about setting up and altering in- ventory systems and systems of financial management used by the authorising officers; whereas the analysis of financial management should also be submitted to the financial controller; Whereas account must be taken of the possibilities deriving from computerised systems of financial manage- ment; Whereas the system of accounts must be improved; Whereas the Financial Regulation should contain adequate provisions for the entry in the accounts of tradi- tional own resources, which have their own specific features as compared with the other own resources (VAT and GNP); Whereas the legal commitments made by the institution and the accounting commitments submitted to financial control and recorded in the central accounts must cor- respond exactly, while leaving a reasonable length of time for the conclusion of the legal commitments in cases