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Document 02011L0085-20240430
Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States
Consolidated text: Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States
Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States
02011L0085 — EN — 30.04.2024 — 001.001
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COUNCIL DIRECTIVE 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States (OJ L 306 23.11.2011, p. 41) |
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COUNCIL DIRECTIVE 2011/85/EU
of 8 November 2011
on requirements for budgetary frameworks of the Member States
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
This Directive lays down detailed rules concerning the characteristics of the budgetary frameworks of the Member States. Those rules are necessary to ensure Member States’ compliance with obligations under the TFEU with regard to avoiding excessive government deficits.
Article 2
For the purposes of this Directive, the definitions of ‘government’, ‘deficit’ and ‘investment’ set out in Article 2 of the Protocol (No 12) on the excessive deficit procedure annexed to the TEU and to the TFEU shall apply. ►M1 The definition of sub-sectors of general government set out in Annex A to Regulation (EU) No 549/2013 of the European Parliament and of the Council ( 1 ) shall apply. ◄
In addition, the following definition shall apply:
‘budgetary framework’ means the set of arrangements, procedures, rules and institutions that underlie the conduct of budgetary policies of general government, in particular:
systems of public accounting and statistical reporting by the general government;
rules and procedures governing the preparation of forecasts for budgetary planning;
country-specific numerical fiscal rules that contribute to the consistency of Member States’ conduct of fiscal policy with their respective obligations under the TFEU, and that are expressed in terms of an indicator of budgetary performance, such as the government budget deficit, borrowing, debt, or a major component thereof;
budgetary procedures comprising procedural rules to underpin the budget process at all stages;
medium-term budgetary frameworks as a specific set of national budgetary procedures that extend the horizon for fiscal policy-making beyond the annual budgetary calendar, including the setting of policy priorities and of national budgetary objectives over the medium term;
arrangements for independent monitoring and analysis, to enhance the transparency of elements of the budget process;
mechanisms and rules that regulate fiscal relationships between public authorities across sub-sectors of general government;
independent fiscal institutions as bodies structurally independent or bodies endowed with functional autonomy as regards the budgetary authorities of the Member States established by national legal provisions in accordance with Article 8a.
CHAPTER II
ACCOUNTING AND STATISTICS
Article 3
CHAPTER III
FORECASTS
Article 4
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CHAPTER IV
NUMERICAL FISCAL RULES
Article 5
Each Member State shall establish its specific numerical fiscal rules to effectively promote compliance with its obligations deriving from the TFEU in the area of budgetary policy over a multiannual period for the general government as a whole. Such rules shall promote in particular:
compliance with the reference values and provisions on deficit and debt set out in Article 1 of Protocol (No 12) on the excessive deficit procedure annexed to the TEU and to the TFEU;
the adoption of a medium-term fiscal planning horizon, consistent with Regulation (EU) 2024/1263 of the European Parliament and of the Council ( 2 ).
Article 6
Without prejudice to the provisions of the TFEU concerning the budgetary surveillance framework of the Union, country-specific numerical fiscal rules shall contain specifications as to the following elements:
the target definition and scope of the rules;
The effective and timely monitoring of compliance with the rules, based on reliable and independent analysis carried out by independent fiscal institutions established in accordance with Article 8a or other bodies with functional autonomy vis-à-vis the fiscal authorities of the Member States;
the consequences in the event of non-compliance.
Article 7
The annual budget legislation of the Member States shall be consistent with the country-specific numerical fiscal rules in force.
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CHAPTER V
INDEPENDENT FISCAL INSTITUTIONS
Article 8a
Independent fiscal institutions shall:
not take instructions from the budgetary authorities of the Member State concerned or from any other public or private body;
have the capacity to communicate publicly about their assessments and opinions in a timely manner;
have adequate and stable resources to carry out their tasks in an effective manner, including any type of analysis within their tasks;
have adequate and timely access to the information needed to fulfil their tasks;
be subject to regular external evaluations by independent evaluators.
Without prejudice to the tasks and functions attributed in accordance with Regulation (EU) No 473/2013 for Member States whose currency is the euro, all Member States shall ensure that the following tasks are undertaken by one of the independent fiscal institutions:
producing, assessing or endorsing annual and multiannual macroeconomic forecasts;
monitoring compliance with country-specific numerical fiscal rules unless performed by other bodies in accordance with Article 6;
undertaking tasks in accordance with Articles 11, 15(3) and 23 of Regulation (EU) 2024/1263 and Article 3(5) of Council Regulation (EC) No 1467/97 ( 3 );
assessing the consistency, coherence and effectiveness of the national budgetary framework;
upon invitation, participate in regular hearings and discussions at the national Parliament.
Article 9
National medium-term budgetary frameworks shall include procedures for establishing the following items:
comprehensive and transparent national budgetary objectives over the medium term as referred to in point (e) of the second paragraph of Article 2 of this Directive in terms of the general government deficit, debt and any other fiscal indicator such as expenditure, ensuring that they are consistent with any country-specific numerical fiscal rules as provided for in Chapter IV of this Directive and the relevant provisions of Regulation (EU) 2024/1263;
projections of each major expenditure and revenue item of the general government with more specifications on the central government and social security level, for the budget year and beyond, based on unchanged policies;
a description of medium-term policies, including reforms and investment, envisaged with an impact on general government finances and sustainable and inclusive growth, broken down by major revenue and expenditure item, showing how the adjustment towards the national budgetary objectives over the medium term as referred to in point (e) of the second paragraph of Article 2 is achieved compared to projections under unchanged policies;
an assessment as to how, in the light of their direct medium-term and long-term impact on general government finances, the policies envisaged are likely to affect the medium-term and long-term sustainability of the public finances and sustainable and inclusive growth. To the extent possible, the assessment shall take into account the macrofiscal risks from climate change and its environmental and distributional impacts.
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Article 10
Annual budget legislation shall be consistent with the national budgetary objectives over the medium term as referred to in point (e) of the second paragraph of Article 2. Any departure shall be duly explained.
Article 11
This Directive shall not prevent a Member State, in the case of a newly appointed government, from updating its medium-term budgetary plan to reflect its new policy priorities. In such case, the Member State shall indicate the differences between the previous and the new medium-term budgetary plan.
CHAPTER VI
TRANSPARENCY OF GENERAL GOVERNMENT FINANCES
Article 12
Member States shall ensure that any measures taken in compliance with Chapters II, III and IV are consistent across all sub-sectors of general government and comprehensively cover those sub-sectors. To that effect, Member States shall, in particular, have consistent accounting rules and procedures in place for the general government, and shall ensure the integrity of their underlying data collection and processing systems.
Article 13
Article 14
CHAPTER VII
FINAL PROVISIONS
Article 15
Article 16
By 31 December 2025 and every five years thereafter, the Commission shall report on the state of play of:
public accounting by the general government in the Union, taking into account the progress made since its 2013 assessment of the suitability of the International Public Sector Accounting Standards for the Member States;
the capacity and tasks of independent fiscal institutions in the Union, taking into account the progress made since the entry into force of this Directive, building on the findings of the Commission’s Fiscal Governance Database and consultations with relevant stakeholders, with a view to explore minimum standards.
Article 17
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 18
This Directive is addressed to the Member States.
►M1 ( 1 ) Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1). ◄
( 2 ) Regulation (EU) 2024/1263 of the European Parliament and of the Council of 29 April 2024 on the effective coordination of economic policies and on multilateral budgetary surveillance and repealing Council Regulation (EC) No 1466/97 (OJ L, 2024/1263, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1263/oj).;
( 3 ) Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).