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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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budget
[
Global Index
]
ARTICLE-I-26
: The European Commission [
go to this ARTICLE
]
... The
Commission
shall
promote
the
general interest
of the
Union
and take appropriate initiatives to that end. It shall ensure the
application
of the
Constitution
, and
measures
adopted
by the
institutions
pursuant to the
Constitution
. It shall oversee the
application
of
Union
law
under the
control
of the
Court of Justice
of the
European Union
. It shall execute the
budget
and
manage
programmes
. It shall
exercise
coordinating
,
executive
and
management
functions, as laid down in the
Constitution
. With the
exception
of the
common foreign and security policy
, and other
cases
provided for in the
Constitution
, it shall ensure the
Union
's external
representation
. It shall initiate the
Union
's
annual
and
multiannual
programming with a
view
to achieving
interinstitutional
agreements
. ...
ARTICLE-I-53
: Budgetary and financial principles [
go to this ARTICLE
]
... All items of
Union
revenue
and
expenditure
shall be
included
in
estimates
drawn up for each
financial year
and shall be shown in the
Union
's
budget
, in
accordance
with Part III. ...
... The
revenue
and
expenditure
shown in the
budget
shall be in
balance
. ...
... The
expenditure
shown in the
budget
shall be authorised for the
annual
budgetary period
in
accordance
with the
European law
referred to in Article
III-412
. ...
... The
implementation
of
expenditure
shown in the
budget
shall require the
prior
adoption
of a
legally binding
Union
act
providing a
legal
basis for its
action
and for the
implementation
of the
corresponding
expenditure
in
accordance
with the
European law
referred to in Article
III-412
, except in
cases
for which that
law
provides. ...
... With a
view
to maintaining
budgetary discipline
, the
Union
shall not
adopt
any
act
which is likely to have appreciable implications for the
budget
without providing an assurance that the
expenditure
arising from such an
act
is capable of being
financed
within the
limit
of the
Union
's own
resources
and in
compliance
with the
multiannual
financial
framework
referred to in Article
I-55
. ...
... The
budget
shall be
implemented
in
accordance
with the
principle
of
sound
financial management
.
Member States
shall
cooperate
with the
Union
to ensure that the
appropriations
entered
in the
budget
are used in
accordance
with this
principle
. ...
... The
budget
shall be
implemented
in
accordance
with the
principle
of
sound
financial management
.
Member States
shall
cooperate
with the
Union
to ensure that the
appropriations
entered
in the
budget
are used in
accordance
with this
principle
. ...
ARTICLE-I-54
: The Union's own resources [
go to this ARTICLE
]
... Without
prejudice
to other
revenue
, the
Union
's
budget
shall be
financed
wholly from its own
resources
. ...
ARTICLE-I-55
: The multiannual financial framework [
go to this ARTICLE
]
... The
annual
budget
of the
Union
shall comply with the
multiannual
financial
framework
. ...
ARTICLE-I-56
: The Union's budget [
go to this ARTICLE
]
... The
Union
's
budget
...
... A
European law
shall
establish
the
Union
's
annual
budget
in
accordance
with Article
III-404
. ...
ARTICLE-III-288
[
go to this ARTICLE
]
... The
countries
and
territories
may, however,
levy
customs duties
which
meet
the needs of their
development
and
industrialisation
or produce
revenue
for their
budgets
. ...
ARTICLE-III-313
[
go to this ARTICLE
]
...
Administrative
expenditure
which the
implementation
of this
Chapter
entails for the
institutions
shall be charged to the
Union
budget
. ...
... Operating
expenditure
to which the
implementation
of this
Chapter
gives rise shall also be charged to the
Union
budget
, except for such
expenditure
arising from
operations
having
military
or
defence
implications and
cases
where the
Council
decides
otherwise. ...
... In
cases
where
expenditure
is not charged to the
Union
budget
it shall be charged to the
Member States
in
accordance
with the
gross
national
product
scale, unless the
Council
decides
otherwise. As for
expenditure
arising from
operations
having
military
or
defence
implications,
Member States
whose
representatives
in the
Council
have made a formal
declaration
under Article
III-300
(1), second subparagraph, shall not be obliged to
contribute
to the
financing
thereof. ...
... The
Council
shall
adopt
a
European decision
establishing
the
specific
procedures
for
guaranteeing
rapid
access
to
appropriations
in the
Union
budget
for
urgent
financing
of initiatives in the
framework
of the
common foreign and security policy
, and in particular for preparatory
activities
for the tasks referred to in Article
I-41
(1) and Article
III-309
. It shall
act
after consulting the
European Parliament
. ...
... Preparatory
activities
for the tasks referred to in Article
I-41
(1) and Article
III-309
which are not charged to the
Union
budget
shall be
financed
by a star t-up
fund
made up of
Member States
'
contributions
. ...
... When the task planned in
accordance
with Article
I-41
(1) and Article
III-309
cannot be charged to the
Union
budget
, the
Council
shall authorise the
Union Minister for Foreign Affairs
to use the
fund
. The
Union Minister for Foreign Affairs
shall
report
to the
Council
on the
implementation
of this remit. ...
ARTICLE-III-384
[
go to this ARTICLE
]
... The
audit
shall be based on
records
and, if necessary, performed on the spot in the other
institutions
, or on the
premises
of any
body
,
office
or
agency
which
manages
revenue
or
expenditure
on behalf of the
Union
and in the
Member States
,
including
on the
premises
of any
natural
or
legal person
in
receipt
of payments from the
budget
. In the
Member States
the
audit
shall be carried out in
liaison
with
national
audit
bodies
or, if these do not have the necessary
powers
, with the
competent
national
departments
. The
Court of Auditors
and the
national
audit
bodies
of the
Member States
shall
cooperate
in a
spirit
of
trust
while maintaining their
independence
. These
bodies
or
departments
shall inform the
Court of Auditors
whether they intend to take part in the
audit
. ...
... The other
institutions
, any
bodies
,
offices
or
agencies
managing
revenue
or
expenditure
on behalf of the
Union
, any
natural
or
legal person
in
receipt
of payments from the
budget
, and the
national
audit
bodies
or, if these do not have the necessary
powers
, the
competent
national
departments
, shall forward to the
Court of Auditors
, at its
request
, any
document
or
information
necessary to carry out its task. ...
... It shall assist the
European Parliament
and the
Council
in exercising their
powers
of
control
over the
implementation
of the
budget
. ...
ARTICLE-III-404
[
go to this ARTICLE
]
...
European laws
shall
establish
the
Union
's
annual
budget
in
accordance
with the following
provisions
: ...
... Each
institution
shall, before 1 July, draw up
estimates
of its
expenditure
for the following
financial year
. The
Commission
shall consolidate these
estimates
in a
draft
budget
which may contain different
estimates
. ...
... The
draft
budget
shall contain an
estimate
of
revenue
and an
estimate
of
expenditure
. ...
... The
Commission
shall submit a
proposal
containing the
draft
budget
to the
European Parliament
and to the
Council
not later than 1 September of the
year
preceding that in which the
budget
is to be
implemented
. ...
... The
Commission
shall submit a
proposal
containing the
draft
budget
to the
European Parliament
and to the
Council
not later than 1 September of the
year
preceding that in which the
budget
is to be
implemented
. ...
... The
Commission
may
amend
the
draft
budget
during the
procedure
until such
time
as the
Conciliation
Committee
, referred to in paragraph 5, is convened. ...
... The
Council
shall
adopt
its
position
on the draf t
budget
and for
ward
it to the
European Parliament
not later than 1 October of the
year
preceding that in which the
budget
is to be
implemented
. The
Council
shall inform the
European Parliament
in
full
of the
reasons
which led it to
adopt
its
position
. ...
... The
Council
shall
adopt
its
position
on the draf t
budget
and for
ward
it to the
European Parliament
not later than 1 October of the
year
preceding that in which the
budget
is to be
implemented
. The
Council
shall inform the
European Parliament
in
full
of the
reasons
which led it to
adopt
its
position
. ...
...
approves
the
position
of the
Council
, the
European law
establishing
the
budget
shall be
adopted
; ...
... has not taken a
decision
, the
European law
establishing
the
budget
shall be deemed to have been
adopted
...
... the
European Parliament
and the
Council
both
approve
the
joint
text or fail to take a
decision
, or if one of these
institutions
approves
the
joint
text while the other one fails to take a
decision
, the
European law
establishing
the
budget
shall be deemed to be definitively
adopted
in
accordance
with the
joint
text, or ...
... the
European Parliament
, acting by a
majority
of its
component
members
, and the
Council
both
reject
the
joint
text, or if one of these
institutions
rejects
the
joint
text while the other one fails to take a
decision
, a new
draft
budget
shall be submitted by the
Commission
, or ...
... the
European Parliament
, acting by a
majority
of its
component
members
,
rejects
the
joint
text while the
Council
approves
it, a new
draft
budget
shall be submitted by the
Commission
, or ...
... the
European Parliament
approves
the
joint
text whilst the
Council
rejects
it, the
European Parliament
may, within fourteen
days
from the
date
of the rejection by the
Council
and acting by a
majority
of its
component
members
and three-fifths of the
votes
cast,
decide
to confirm all or some of the
amendments
referred to in paragraph 4(c). Where a
European Parliament
amendment
is not confirmed, the
position
agreed
in the
Conciliation
committee
on the
budget
heading which is the
subject
of the
amendment
shall be retained. The
European law
establishing
the
budget
shall be deemed to be definitively
adopted
on this basis. ...
... the
European Parliament
approves
the
joint
text whilst the
Council
rejects
it, the
European Parliament
may, within fourteen
days
from the
date
of the rejection by the
Council
and acting by a
majority
of its
component
members
and three-fifths of the
votes
cast,
decide
to confirm all or some of the
amendments
referred to in paragraph 4(c). Where a
European Parliament
amendment
is not confirmed, the
position
agreed
in the
Conciliation
committee
on the
budget
heading which is the
subject
of the
amendment
shall be retained. The
European law
establishing
the
budget
shall be deemed to be definitively
adopted
on this basis. ...
... If, within the twenty-one
days
referred to in paragraph 5, the
Conciliation
Committee
does not
agree
on a
joint
text, a new
draft
budget
shall be submitted by the
Commission
. ...
... When the
procedure
provided for in this Article has been completed, the
President
of the
European Parliament
shall
declare
that the
European law
establishing
the
budget
has been definitively
adopted
. ...
ARTICLE-III-405
[
go to this ARTICLE
]
... If at the beginning of a
financial year
no
European law
establishing
the
budget
has been definitively
adopted
, a sum
equivalent
to not more than one twelfth of the
budget
appropriations
entered
in the
chapter
in
question
of the
budget
for the preceding
financial year
may be spent each
month
in
respect
of any
chapter
in
accordance
with the
European law
referred to in Article
III-412
; that sum shall not, however, exceed one twelfth of the
appropriations
provided for in the same
chapter
of the
draft
budget
. ...
... If at the beginning of a
financial year
no
European law
establishing
the
budget
has been definitively
adopted
, a sum
equivalent
to not more than one twelfth of the
budget
appropriations
entered
in the
chapter
in
question
of the
budget
for the preceding
financial year
may be spent each
month
in
respect
of any
chapter
in
accordance
with the
European law
referred to in Article
III-412
; that sum shall not, however, exceed one twelfth of the
appropriations
provided for in the same
chapter
of the
draft
budget
. ...
... If at the beginning of a
financial year
no
European law
establishing
the
budget
has been definitively
adopted
, a sum
equivalent
to not more than one twelfth of the
budget
appropriations
entered
in the
chapter
in
question
of the
budget
for the preceding
financial year
may be spent each
month
in
respect
of any
chapter
in
accordance
with the
European law
referred to in Article
III-412
; that sum shall not, however, exceed one twelfth of the
appropriations
provided for in the same
chapter
of the
draft
budget
. ...
... If at the beginning of a
financial year
no
European law
establishing
the
budget
has been definitively
adopted
, a sum
equivalent
to not more than one twelfth of the
budget
appropriations
entered
in the
chapter
in
question
of the
budget
for the preceding
financial year
may be spent each
month
in
respect
of any
chapter
in
accordance
with the
European law
referred to in Article
III-412
; that sum shall not, however, exceed one twelfth of the
appropriations
provided for in the same
chapter
of the
draft
budget
. ...
ARTICLE-III-406
[
go to this ARTICLE
]
... shall be set out in separate sections of the
budget
, without
prejudice
to
special
arrangements
for certain
common
items of
expenditure
. ...
ARTICLE-III-407
[
go to this ARTICLE
]
... The
Commission
shall
implement
the
budget
in
cooperation
with the
Member States
, in
accordance
with the
European law
referred to in Article
III-412
, on its own
responsibility
and within the
limits
of the
appropriations
allocated, having
regard
to the
principles
of
sound
financial management
.
Member States
shall
cooperate
with the
Commission
to ensure that the
appropriations
are used in
accordance
with those
principles
. ...
... The
European law
referred to in Article
III-412
shall
establish
the
control
and
audit
obligations
of the
Member States
in the
implementation
of the
budget
and the resulting
responsibilities
. It shall
establish
the
responsibilities
and detailed
rules
for each
institution
concerning
its part in effecting its own
expenditure
. ...
... Within the
budget
the
Commission
may,
subject
to the
limits
and
conditions
laid down by the
European law
referred to in Article
III-412
,
transfer
appropriations
from one
chapter
to another or from one subdivision to another. ...
ARTICLE-III-408
[
go to this ARTICLE
]
... The
Commission
shall submit annually to the
European Parliament
and to the
Council
the
accounts
of the preceding
financial year
relating to the
implementation
of the
budget
. The
Commission
shall also for
ward
to them a
financial statement
of the
Union
's
assets
and
liabilities
. ...
ARTICLE-III-409
[
go to this ARTICLE
]
... The
European Parliament
, on a
recommendation
from the
Council
, shall give a
discharge
to the
Commission
in
respect
of the
implementation
of the
budget
. To this end, the
Council
and the
European Parliament
in turn shall examine the
accounts
, the
financial statement
and the
evaluation
report
referred to in Article
III-408
, the
annual report
by the
Court of Auditors
together with the replies of the
institutions
under
audit
to the
observations
of the
Court of Auditors
, the
statement
of assurance referred to in the second subparagraph of Article
III-384
(1) and any
relevant
special
reports
by the
Court of Auditors
. ...
... Before giving a
discharge
to the
Commission
, or for any other
purpose
in
connection
with the
exercise
of its
powers
over the
implementation
of the
budget
, the
European Parliament
may ask to hear the
Commission
give
evidence
with
regard
to the
execution
of
expenditure
or the
operation
of
financial
control
systems
. The
Commission
shall submit any necessary
information
to the
European Parliament
at the latter's
request
. ...
... At the
request
of the
European Parliament
or the
Council
, the
Commission
shall
report
on the
measures
taken in the
light
of these
observations
and comments and in particular on the
instructions
given to the
departments
which are
responsible
for the
implementation
of the
budget
. These
reports
shall also be for warded to the
Court of Auditors
. ...
ARTICLE-III-410
[
go to this ARTICLE
]
... The
multiannual
financial
framework
and the
annual
budget
shall be drawn up in
euro
. ...
ARTICLE-III-412
[
go to this ARTICLE
]
... the
financial
rules
which determine in particular the
procedure
to be
adopted
for
establishing
and
implementing
the
budget
and for presenting and
auditing
accounts
; ...
... The
Council
shall, on a
proposal
from the
Commission
,
adopt
a
European regulation
laying down the
methods
and
procedure
whereby the
budget
revenue
provided under the
arrangements
relating to the
Union
's own
resources
shall be made available to the
Commission
, and the
measures
to be applied, if need be, to
meet
cash
requirements
. The
Council
shall
act
after consulting the
European Parliament
and the
Court of Auditors
. ...
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