2.10.2012   

EN

Official Journal of the European Union

CE 296/172

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

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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), and particularly 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 1/2011 of the European Union for the financial year 2011, which the Commission presented on 14 January 2011 (COM(2011)0009),

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having regard to Council's position on Draft amending budget No 1/2011, which the Council established on 15 March 2011 (07704/2011 – C7-0072/2011),

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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 (A7-0115/2011),

A.

whereas Draft amending budget No 1/2011 to the general budget 2011 aims at mobilising the EU Solidarity Fund for an amount of EUR 182,4 million in commitment and payment appropriations in order to mitigate the effects of flooding resulting from heavy rainfall in Poland, Slovakia, the Czech Republic, Hungary, Croatia and Romania,

B.

whereas the purpose of Draft amending budget No 1/2011 is to formally enter this budgetary adjustment into the 2011 budget,

C.

whereas the Joint Statement on payment appropriations annexed to the budget for the financial year 2011 foresaw the submission of an amending budget ‘if the appropriations entered in the 2011 budget are insufficient to cover expenditure’,

D.

whereas the Council has decided to establish a ‘negative reserve’ as provided for by Article 44 of the Financial Regulation,

E.

whereas this Council's decision is only pragmatic, does not provide sustainable and financially sound solution for potential future unforeseen needs, and should therefore be considered as a one-off option,

F.

whereas the Council called on the Commission to present ‘as soon as possible’ a proposal for drawing upon the negative reserve,

G.

whereas the forthcoming Draft amending budget on the budgeting of the surplus for the financial year 2010 will provide a suitable and timely opportunity for drawing upon the negative reserve,

1.

Takes note of Draft amending budget No 1/2011;

2.

Is of the opinion that the EU Solidarity Fund should be mobilised as swiftly as possible following a natural catastrophe, and that applications for financial assistance, evaluation and drafting of the proposals, and adoption of relevant budgetary and legislative acts should be dealt with in an effective and fast-acting manner;

3.

Calls on the Commission, without prejudice to its right of initiative, to make use of the Draft amending budget on the budgeting of the surplus for the financial year 2010, as provided for by Article 15 of the Financial Regulation, in order to draw upon the negative reserve;

4.

Approves, without amendment, the Council's position on Draft amending budget No 1/2011 and instructs its President to declare that Amending budget No 1/2011 has been definitively adopted and to 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.