Select Committee on European Union Eighteenth Report


APPENDIX 3: THE ANNUAL EUROPEAN BUDGET CYCLE


Budgetary Procedure and compulsory expenditure

The budgetary procedure is set out in Article 272 of the Treaty establishing the European Community, which stipulates the sequence of stages and the time limits which must be respected by the two arms of the budgetary authority which together establish the annual budget: the Council of Ministers (acting by qualified majority) and the European Parliament.

Under the present budgetary procedure, the Council has the final say on compulsory expenditure. This is spending that is a direct result of Treaty application or of acts adopted in accordance with the Treaty. In practice this mainly means spending on agricultural guarantees. The European Parliament has the final say on all other categories of spending, which are defined as non-compulsory expenditure. Examples of non-compulsory expenditure include spending on regional policy, research policy and energy policy.

If the Lisbon Treaty is implemented, changes will be made to this procedure. Most significantly, the distinction between compulsory and non-compulsory expenditure will be abolished and the Council and Parliament will have to reach agreement on all parts of the budget. In our impact assessment of the Lisbon Treaty, we concluded that this change would increase transparency and make the agricultural budget more open and balanced between market related expenditure and funding for rural development.[10]

The Lisbon Treaty also introduces a "subsidiarity check" which allows Member State Parliaments to express concerns on subsidiarity directly to the institution which initiated the proposed legislation. Member State Parliaments working together can request a review of legislative proposals. We do not expect this procedure to apply to the budgetary process outlined below, and asked the Minister if the Government agreed. The Minister said that the Government did not have "formal legal resolution" of the issue yet, but that their initial analysis was that the subsidiarity check would apply to the making of policy rather than its implementation through the budget process (QQ 35-36).

The stages of the annual budget

In practice,[11] the stages in the negotiations over the annual budget are as follows:

(1) The Commission draws up a Preliminary Draft Budget (PDB) in May;

(2) The Council conducts its first reading of the PDB in July and establishes a Draft Budget;

(3) The European Parliament conducts its first reading in October on the basis of the Council's Draft Budget;

(4) In November, the Council conducts a second reading on the Draft Budget to consider any amendments or proposed modifications by the European Parliament; and

(5) In December the European Parliament reviews the Council's proposals and adopts the Budget.

This report deals with the Preliminary Draft Budget as issued by the Commission on 6 May 2008. This version of the Budget represents the first stage of the procedure and provides the basis for subsequent negotiations between the Council and the European Parliament. Following the establishment of the Draft Budget at the 17 July Economic and Financial Affairs Council the negotiations will continue along the following lines.

The Council's Second Reading

After the Parliament's first reading, a delegation from the Parliament attends a conciliation meeting with the Council prior to the Council conducting its second reading in early November. The Draft Budget is amended in the light of the European Parliament's amendments (for non-compulsory expenditure) or proposed modifications (for compulsory expenditure). As a general rule, the Council's decisions on second reading determine the final amount of compulsory expenditure: unless the entire Budget is subsequently rejected by the European Parliament, the Council has the "last word" on this category of expenditure. The Draft Budget as amended is then returned to the European Parliament.

The European Parliament's Second Reading and the adoption of the Budget

In December the European Parliament reviews non-compulsory expenditure, for which it can accept or refuse the Council's proposals. If there is agreement, the President of the European Parliament then declares the Budget adopted and it can be implemented; alternatively the Parliament may reject the draft budget and ask for a new draft to be submitted.

Resources for the EC Budget

The revenue side for the annual EC Budget has four main sources, collectively known in the Community as the 'Own Resources'. These are:

(1) customs duties;

(2) agricultural levies, including sugar levies;

(3) a contribution based on a harmonised base for VAT income in Member States; and

(4) contributions from Member States based on a proportion of their GNI.

Under Article 269 of the Treaty establishing the European Community, the Council, acting unanimously, lays down the provisions governing the EC's Own Resources. A maximum level for Own Resources of 1.27% EU Gross National Product (GNP) was set in 1988. This has subsequently been changed to 1.24% of EU GNI. This change merely reflects the preference for using GNI as a statistical tool, and does not represent a change in the level of the ceiling.

Over time, the proportions of income from each resource have adjusted to the current position whereby the GNI-based contribution is the primary source of income for the EC Budget. In 2007, we supported this development; we found that no new form of taxation put to us provided the same level of clarity and certainty as the GNI-based resource.[12]


10   European Union Committee, 10th Report (2007-08): The Treaty of Lisbon: an impact assessment (HL 62). Back

11   Article 272 of the Treaty establishing the European Community contains later backstop dates. Back

12   European Union Committee, 12th Report (2006-07): Funding The European Union (HL 64). Back


 
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