Amended proposal for a Council Regulation (EC, ECSC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities
C 396/18 EN Official Journal of the European Communities 19. 12. 98 Amended proposal for a Council Regulation (EC, ECSC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European CommunitiesØ(˛) (98/C 396/09) COM(1998) 676 final - 98/0130(CNS) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty and the second paragraph of Article 119 of the Euratom Treaty on 20 November 1998) (˛) OJ CØ149, 15. 5. 1998, p. 21. In the light of the opinions of Parliament and the Court of Auditors, the Commission is presenting its proposal as follows: INITIAL PROPOSAL AMENDED PROPOSAL 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 Community, and in particular Article 209 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 Court of Auditors, Having regard to the opinion of Parliament, Having regard to the opinion of the Economic and Social Committee, Having regard to the opinion of the Committee of the Regions, Whereas the conciliation provided for by the Joint Declaration of 4 March 1975 by Parliament, the Council and the Commission has taken place in a conciliation committee; 19. 12. 98 EN Official Journal of the European Communities C 396/19 INITIAL PROPOSAL AMENDED PROPOSAL Whereas it is necessary to amend the Financial ReguÜ lation of 21 December 1977 applicable to the general budget of the European CommunitiesØ(˛), hereinafter "Financial Regulation’, in order to take account of the entry into force of the Treaty of Amsterdam of 2 October 1997, the implementation of the third phase of economic and monetary union and the adoption of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedureØ(ˇ); Whereas the Treaty of Amsterdam provides for the repeal of Protocol No 16 of the Treaty on European Union on the common organisational structure for the Economic and Social Committee and the Committee of the Regions; Whereas the Treaty of Amsterdam provides for the repeal of Protocol No 16 of the Treaty on European Union on the common organisational structure for the Economic and Social Committee and the Committee of the Regions; whereas specific sections of the budget should therefore be created for the Economic and Social Committee and the Committee of the Regions and also for the Ombudsman; Whereas, in accordance with Regulation (EC) No 1103/97 of 17 June 1997Ø(—) on certain provisions relating to the introduction of the euro, all references to the ecu are replaced by references to the euro at the rate of one euro to one ecu; whereas, in accordance with Regulation. Ø. Ø. /97 of. Ø. Ø. 1998 on the introduction of the euro, the euro will be the currency of the participating Member States starting from 1 January 1999; Whereas, in accordance with Regulation (EC) No 1103/97 of 17 June 1997Ø(—) on certain provisions relating to the introduction of the euro, all references to the ecu are replaced by references to the euro at the rate of one euro to one ecu; whereas, in accordance with Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (Ñ), the euro will be the currency of the participating Member States starting from 1 January 1999; Whereas, during the transition period (from 1. 1. 1999 to 31. 12. 2001), any reference in this regulation to the euro must, as a general rule, also be read as a reference to the euro as a currency unit as specified in the second sentence of Article 2 of Regulation. Ø. Ø. /97 of. Ø. Ø. 1998; Whereas, during the transition period (from 1. 1. 1999 to 31. 12. 2001), any reference in this regulation to the euro must, as a general rule, also be read as a reference to the euro as a currency unit as specified in the second sentence of Article 2 of Council Regulation (EC) No 947/98 of 3 May 1998; Whereas, following the adoption by the Council of the abovementioned Regulation No 1467/97, a mechanism must be provided for ensuring that the revenue from payment by the Member States of fines imposed by the Council is allocated for distribution of the amounts in question between the Member States participating in the system which do not have an excessive deficit, while guaranteeing that the requirements of budgetary transÜ parency in those operations are met, (˛) OJ L 356, 31. 12. 1977, p. 1. Regulation last amended by Council Regulation 2444/97 (EC) of 22 September 1997 (OJ L 340, 11. 12. 1997, p. 1). (—) OJ L 162, 19. 6. 1997, p. 1. (Ñ) OJ L 139, 11. 5. 1998, p. 1. (ˇ) OJ L 209, 2. 8. 1997, p. 6. (—) OJ L 162, 19. 6. 1997, p. 1. C 396/20 EN Official Journal of the European Communities 19. 12. 98 INITIAL PROPOSAL AMENDED PROPOSAL HAS ADOPTED THIS REGULATION: Article 1 The Financial Regulation is amended as follows: 1. After the first indent in the second subparagraph of Article 4(2), the following new indent is inserted: "- interest on the deposits and fines referred to in Section 4 of Council Regulation (EC) No 1467/97Ø(˛), in accordance with Article 126a’. 1a. In Article 7(3), "the Ombudsman’ is inserted after "the Committee of the Regions’. 2. Article 11 is replaced by the following: 2. Article 11 is replaced by the following: "Article 11 "Article 11 1. Ú The budget shall be drawn up in euros. 1. Ú The budget shall be drawn up in euros. 2. Ú The euro shall be the single currency as defined in Regulation (EC) No. Ø. Ø. /97 of. Ø. Ø. 1998 on the introduction of the euroØ(ˇ). 2. Ú The euro shall be the single currency as defined in Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euroØ(*). (*) OJ L 139, 11. 5. 1998, p. 1. to prejudice 3. Ú Without provisions deriving from the application of sector specific rules governing either revenue or expenditure, the rights and obligations of shall be expressed and executed in euros. the Communities specific to prejudice 3. Ú Without provisions deriving from the application of sector specific rules governing either revenue or expenditure, the rights and obligations of shall be expressed and executed in euros. the Communities specific the and euro the 4. Ú Conversions between currencies of the Member States which have not adopted the euro shall be made at the exchange rate applicable on the day of the operation; derogations from this principle may be permitted in exceptional cases, in accordance with the implementing rules referred to in Article 139. ’ (˛) OJ L 209, 2. 8. 1997, p. 6. (ˇ) [OJ C 236, 2. 8. 1997, p. 7. ü the and euro the 4. Ú Conversions between currencies of the Member States which have not adopted the euro shall be made at the exchange rate applicable on the day of the operation; derogations from this principle may be permitted in exceptional cases, in accordance with the implementing rules referred to in Article 139. 19. 12. 98 EN Official Journal of the European Communities C 396/21 INITIAL PROPOSAL AMENDED PROPOSAL 5. Ú The daily euro exchange the currencies not participating in the single currency shall be available each day and shall be published in the Official Journal of the European Communities. ’ rates for 2a. Article 12 is amended as follows: a) the first paragraph is replaced by the following: and "The European Parliament, the Council, the Court of Justice, the Court of Auditors, the Economic the Committee of the Regions and the Ombudsman shall, each year before 1 July, draw up an estimate of their revenue and expenditure for the following year. ’ Social Committee, b) The second paragraph is deleted. 2b. In Article 14 the first paragraph is replaced by the following: "The Commission may, on its own initiative or if requested by the European Parliament, the Council, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions or the Ombudsman, each in respect of its own section, present to the Council a letter of amendment to the preliminary draft budget necesÜ sitated by the receipt of new information which was not available at the time the preliminary draft was established. ’ 2c. Article 15(4) is replaced by the following: for from the Court of Justice, supplementary and/or amending "Requests the the European Parliament, budgets Council, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions or the Ombudsman shall be forwarded by the Commission to the budgetary authority. The Commission may attach a dissenting opinion. ’ 3. Article 19(1) is amended as follows: 3. Article 19(1) is amended as follows: a) in the first subparagraph, the second indent is a) in the first subparagraph, the second indent is replaced by the following: replaced by the following: "- separate sections subdivided into statements of revenue and expenditure of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions. ’ "- separate sections subdivided into statements of revenue and expenditure of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the the Economic Committee the Ombudsman. ’ Social Committee, and the Regions and of C 396/22 EN Official Journal of the European Communities 19. 12. 98 INITIAL PROPOSAL AMENDED PROPOSAL b) the third subparagraph is deleted. b) the second and third subparagraphs are deleted. 4. In paragraph 5 of Article 19, "ECU’ is replaced by "EUR’. 5. In the first indent of Article 20(3), "the staff of the Economic and Social Committee, the Committee of the Regions and their common organisational structure shall be shown separately in their specific section’ is deleted. shall shown 5. In the first indent of Article 20(3), "The staff of the Ombudsman in be Parliament’s establishment plan. The staff of the Economic and Social Committee, the Committee of their common organisational the Regions and structure shall be shown separately in their specific section’ is deleted. separately 6. Article 22 is amended as follows: 6. Article 22 is amended as follows: a) in paragraph 2, the second paragraph is deleted; a) in paragraph 2, the first paragraph is replaced by the following: "The Commission shall confer upon the European Parliament, the Council, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the Ombudsman the requisite powers for the implementation of the sections of the budget relating to them. ’ The second paragraph is deleted. b) in paragraph 5, the second subparagraph is deleted. 7. In the first paragraph of Article 24, "The Economic and Social Committee and the Committee of the financial controller by Regions shall appoint a common agreement’ is deleted. 8. In the second paragraph of Article 25, "The Economic and Social Committee and the Committee of the Regions shall appoint an accounting officer by common agreement’ is deleted. 9. In the second subparagraph of Article 26(2), "- the two latter each with regard to the part which relates to it and by common agreement with regard to the common organisational structure -’ is deleted. 9. Article 26 is amended as follows: a) the second subparagraph of paragraph 2 is replaced by the following: "The Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the Ombudsman may, within their own section of the budget, transfer approÜ priations from one article to another within each chapter. They the budgetary authority and the Commission three weeks before making such transfers. ’ inform shall 19. 12. 98 EN Official Journal of the European Communities C 396/23 INITIAL PROPOSAL AMENDED PROPOSAL b) the third subparagraph of paragraph 4 is replaced by the following: "Proposals made by the other institutions, the Economic and Social Committee, the Committee of the Regions and the Ombudsman for transfers from one chapter to another shall be autoÜ matically forwarded to the budgetary authority; the Commission may attach its own opinion to such proposals. ’ 10. In the first subparagraph of Article 28a, after "imposed by the Commission’, the words "or the Council’ are added. 11. In Article 31, "ecus’ is replaced by "euros’. 12. In Article 33(5), "ecu’ is replaced by "euro’. 13. Article 35 is replaced by the following: 13. Article 35 is replaced by the following: "Article 35 "Article 35 The Commission shall, every three months, send each Member State which has not adopted the euro a statement indicating the transfers effected in that Member State’s national currency into another currency and vice versa. ’ The Commission shall, every three months, send the Member States a statement of the transfers effected between their currencies. ’ 14. In the third indent of Article 44, "ecus’ is replaced by "euros’. 15. In Article 69, "ecus’ is replaced by "euros’. 16. In Article 111(2) and (3), "ecus’ is replaced by "euros’. 17. Under Title XI, the following new section Ia is 17. After Title XI, the following new Title XIa is inserted: inserted: C 396/24 EN Official Journal of the European Communities 19. 12. 98 INITIAL PROPOSAL AMENDED PROPOSAL "SECTION Ia "TITLE XIa PROVISIONS APPLICABLE TO THE SANCTIONS REFERRED TO IN SECTION 4 OF COUNCIL REGUÜ LATION (EC) No 1467/97Ø(*) SPECIAL PROVISIONS APPLICABLE TO THE SANCTIONS REFERRED TO IN SECTION 4 OF COUNCIL REGULATION (EC) No 1467/97Ø(*) Article 126a Article 132a The budgetary structure for the proceeds of the sanctions referred to in Section 4 of Council ReguÜ lation (EC) No 1467/97 is as follows: The budgetary structure for the proceeds of the sanctions referred to in Section 4 of Council ReguÜ lation (EC) No 1467/97 is as follows: a) the statement of revenue shall carry a budget heading to receive the amounts of each sanction imposed by the Council on a Member State in accordance with Section 4 of Council Regulation (EC) No 1467/97; b) in parallel, and without prejudice to Article 28a, commitment and payment appropriations shall be entered in a heading in the statement of expenÜ diture to match these amounts in the statement of revenue. These appropriations shall cover the repayments provided for in Article 16 of Council Regulation (EC) No 1467/97. a) the statement of revenue shall carry a budget heading to receive the amounts of the fines and the interest on the deposits and the fines imposed by the Council on a Member State in accordance with Section 4 of Council Regulation (EC) No 1467/97; b) in parallel, and without prejudice to Article 28a, commitment and payment appropriations shall be entered in a heading in the statement of expenÜ diture to match these amounts in the statement of revenue. These appropriations shall cover the repayments provided for in Article 16 of Council Regulation (EC) No 1467/97. (*) OJ L 209, 2. 8. 1997, p. 6. ’ (*) OJ L 209, 2. 8. 1997, p. 6. ’ Article 2 Article 2 This Regulation shall enter into force on 1 January 1999. This Regulation shall enter into force on 1 January 1999. The provisions relating to Articles 7, 12, 14, 15, 19(1), 20, 22, 24, 25 and 26 shall enter into force on the first day after the Treaty of Amsterdam. the entry force of into This Regulation shall be binding directly applicable in all Member States. in its entirety and