5.2.2013   

EN

Official Journal of the European Union

CE 33/231

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having regard to Articles 310 and 314 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,

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having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (‧the Financial Regulation‧), and particularly Article 15(3) and Articles 37 and 38 thereof,

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having regard to the general budget of the European Union for the financial year 2011, as definitively adopted on 15 December 2010 (2),

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having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

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having regard to Draft amending budget No 3/2011 of the European Union for the financial year 2011, which the Commission submitted on 15 April 2011 (COM(2011)0219),

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having regard to Council's position on Draft amending budget No 3/2011, which the Council established on 16 June 2011 (11630/2011 - C7-0166/2011),

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having regard to Rules 75b and 75e of its Rules of Procedure,

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having regard to the report of the Committee on Budgets (A7-0254/2011),

A.

whereas Draft amending budget No 3/2011 aims to enter in the 2011 budget the surplus from the 2010 financial year, amounting to EUR 4 539 394 283,

B.

whereas the main components of that surplus are a positive outturn on income of more than EUR 1,8 billion (EUR 1 800 000 000), an under-spend in expenditure of EUR 2,72 billion, and a positive exchange rate difference of EUR 22,3 million,

C.

whereas the major part of the income side (EUR 1,28 billion out of EUR 1,8 billion) comes from interest on late payments and fines,

D.

whereas the difference between voted budget 2011 (EUR 122,96 billion) and implemented or carried over appropriations (EUR 120,97 billion) is a result of cancelled appropriations (EUR 740 million), mostly because of non-adoption of Draft amending budget No 10/2010,

E.

whereas the under-spend of EUR 2,72 billion results from under-implementation of programmes, from under-implementation of non-mobilised reserves, from under-implementation in other sections of the budget, and from under-execution of credits carried over from 2009 to 2010,

1.

Takes note of Draft amending budget No 3/2011, devoted solely to the budgeting of the 2010 surplus, in accordance with Article 15 of the Financial Regulation;

2.

Is firmly convinced that the part of income calculated from interest on late payments and fines is not to be considered as a surplus and should therefore not be deducted from the Member States' contributions (own resources based on GNI);

3.

Considers, on the contrary, that such income, stemming from the enforcement of EU competition policy, should be directly put back and reinvested in the EU budget; is determined to promote and defend this principle in the forthcoming negotiations on annual and multiannual budgets;

4.

Approves, however, Council's position on Draft amending budget No 3/2011 unamended and instructs its President to declare that Amending budget No 2/2011 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

5.

Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.