Considerations on COM(2018)322 - Implementing measures for the system of Own Resources of the EU

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dossier COM(2018)322 - Implementing measures for the system of Own Resources of the EU.
document COM(2018)322 EN
date May  3, 2018
 
(1) Appropriate Parliamentary oversight, as set out in the Treaties, is required for provisions of a general nature applicable to all types of Own Resources including the setting of the applicable call rates of the Own Resources within the upper limits set in points (b) to (e) of Article 2(1) of Decision 20xx/xxxx/EU, Euratom.

(2) For reasons of coherence, certain provisions of Council Decision (EU, Euratom) No 2014/335 10 such as the reference Gross National Income and significant changes thereto and the uniform call rate of the resource referred to in Article 2(1)(f) of Decision 20xx/xxxx should be included in this Regulation.

(3) In order to maintain the amount of financial resources put at the disposal of the Union unchanged, 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 20xx/xxxx/EU, Euratom expressed in per-cent of Gross National Income in case of amendments to Regulation (EU) No 549/2013 of the European Parliament and of the Council 11 which entail a significant change in the level of Gross National Income.

(4) For reasons of coherence, certain provisions of Council Regulation (EU, Euratom) No 608/2014 12 should be maintained in this Regulation. Those provisions concern the calculation and budgeting of the balance, control and supervision of Own Resources and relevant reporting requirements, as well as the Advisory Committee on Own Resources.

(5) For reasons of coherence, the provisions concerning inspections of Council Regulation (EEC, Euratom) 1553/89, should be included in this Regulation.

(6) 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.

(7) Member States should conduct checks and enquiries relating to calculating, establishing and making available 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 and the Commission.

(8) The transparency of the Union's Own Resources system should be ensured by the supply of adequate information to the budgetary authority. Therefore, the Member States should keep at the disposal of the Commission, and where necessary provide them to it, the documents and information needed to allow it to exercise the power conferred upon it as regards the Union's Own Resources.

(9) For the sake of consistency and clarity, provisions should be laid down covering the powers and obligations of officials, other servants and seconded national experts taking part in inspections in relation to the Union's Own Resources. In particular the rules which all Union officials, other servants and seconded national experts have to 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.

(10) The arrangements whereby the Member States 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.

(11) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards establishing detailed rules on reporting fraud and irregularities affecting entitlements to Traditional Own Resources and Member States' annual reports. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 13 .

(12) 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 Member States' annual reports on their inspections given the technical nature of those acts required for reporting purposes.

(13) For reasons of consistency and taking account of Article 9 of Decision 20xx/xxxx/EU, Euratom, this Regulation should enter into force on the same day as that Decision and should apply from 1 January 2021. The provisions covering the Own Resource referred to in Article 2(1)(c) of Decision 20xx/xxxx/EU, Euratom should apply from the day set in accordance with Article 9 of that Decision.