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Commission Delegated Regulation (EU) 2019/715 TITLE III — ESTABLISHMENT AND STRUCTURE OF THE BUDGET

Article 32–Article 38 · 7 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

CHAPTER 1 — ESTABLISHMENT OF THE BUDGET OF THE UNION BODY

Single programming document

Article 32

1.   In accordance with Article 40 of Regulation (EU, Euratom) 2018/1046 the Union body shall send by 31 January each year to the Commission, the European Parliament and the Council its draft single programming document, as endorsed by its Management Board, containing: (a) a multiannual work programme; (b) an annual work programme; (c) an estimate of its revenue and expenditure; (d) a resources programming document; (e) information on its building policy; (f) strategy for cooperation with third countries and/or international organisations; (g) strategy for achieving efficiency gains and synergies; (h) strategy for the organisational management and internal control systems including their anti-fraud strategy as last updated and an indication of measures to prevent recurrence of cases of conflict of interest, irregularities and fraud, in particular where weaknesses, reported under Article 48 or paragraph 6 of Article 78, have led to critical recommendations. The strategies referred to in the first subparagraph shall be assessed annually and updated as necessary. The single programming document shall be drawn up taking into account guidelines set by the Commission. 2.   The multiannual work programme shall set out the overall strategic programming for the years N + 1 to N + 3, including the objectives, expected results and performance indicators to monitor the achievement of the objectives and the results. This overall strategic programming shall also show, per activity, the indicative financial and human resources considered necessary to attain the objectives set and shall also demonstrate the contribution of the Union body to the achievement of the EU political priorities. This strategic programming will be updated where appropriate, and in particular, to address the outcome of the overall evaluations referred to in the constituent act. 3.   The annual work programme shall set out for the year N + 1: (a) the expected outputs that will contribute to the achievement of the objectives set in the overall strategic programming; (b) a description of the activities to be financed together with an indication of the amount of financial and human resources, showing the number of officials, temporary and contract staff as defined in the Staff Regulations, as well as Seconded National Experts. It shall clearly indicate which tasks of the Union body have been added, changed or deleted in comparison with the adopted annual work programme of the previous financial year. Evaluation results shall be taken into account as evidence of the likely merits of an increase or decrease of the proposed budget of the Union body in comparison with its budget of the previous financial year. The annual work programme shall be coherent with the multiannual programme referred to in paragraph 2. Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial work programme, in accordance with the provisions of the constituent act. The management board may delegate the power to make non-substantial amendments to the annual work programme to the authorising officer of the Union body. 4.   The estimate of revenue and expenditure of the Union body, supported by the general guidelines underlying that estimate, shall include: (a) an estimate of revenue broken down by Title; indicating fees and charges separately, where appropriate; (b) an estimate of expenditure (commitment and payment appropriations), broken down by expenditure Title and Chapter; (c) quarterly estimate of cash payments and receipts; (d) an establishment plan setting the number of permanent and temporary posts by grade and by function group authorised within the limits of the budget appropriations requested for year N + 1. Where there is a change in the number of establishment plan posts requested for year N + 1, a statement justifying the request for new posts shall be provided; The same information shall be provided on the number of contract staff and seconded national experts and shall be expressed in full-time equivalents. 5.   The resources programming shall include qualitative and quantitative information on the human resource and budgetary matters for the reporting purposes, in particular: (a) an estimate of the budget result from the year N – 1 as referred to in Article 17; (b) information on contribution in kind granted by the host Member State to the Union body for year N – 1; (c) information on the number of officials, temporary and contract staff as defined in the Staff Regulations as well as seconded experts for year N – 1 and for year N. (d) information on the achievement of all previously set objectives for the various activities for year N – 1, showing the actual use of the human and financial resources by the end of year split between activities. The resource programming document shall be updated annually. 6.   Information on the building policy of the Union body shall include: (a) for each building, including of offices away from the main seat, the expenditure and surface area covered by the appropriations of the corresponding lines in the budget of the Union body; (b) the expected evolution of the global programming of surface area and premises for the coming years with a description of the building projects in planning phase which are already identified; (c) the final terms and costs, as well as relevant information regarding project implementation of new building projects previously submitted to the European Parliament and the Council under the procedure established in Article 266 of Regulation (EU, Euratom) 2018/1046 and not included in the preceding year's working documents. 7.   The Commission shall send its opinion on the draft Single Programming Document to the Union body in a timely manner in any case not later than 1st July of the year N. If the Union body does not fully take into account the Commission's opinion, it shall provide the Commission with adequate explanations. 8.   The final single programming document shall be adopted by the management board. 9.   The Union body shall send any later updated version of the single programming document, notably to reflect the Commission's opinion and the outcome of the annual budgetary procedure, to the Commission, the European Parliament and the Council.

Establishment of the budget

Article 33

1.   The budget of the Union body shall be established in accordance with the provisions of the constituent act. 2.   As part of the procedure for adoption of the budget, the Commission shall send the Union body's statement of estimates to the European Parliament and the Council and propose the amount of the contribution for the Union body and the number of staff it considers the Union body needs. The Commission shall provide the draft establishment plan of the Union bodies and an estimate of the number of contract staff and of seconded national experts expressed in full-time equivalents for which appropriations are proposed as soon as the Commission has established the draft budget. 3.   The European Parliament and the Council shall adopt the establishment plan of the Union body and any subsequent amendments thereto, in accordance with Article 34. 4.   After adoption of the draft budget by the Commission, the single programming document shall be adopted by the management board. It shall become definitive after final adoption of the Union budget setting the amount of the contribution and the establishment plan. If necessary the budget of the Union body and its establishment plan shall be adjusted accordingly. 5.   When proposing to entrust new tasks to a Union Body, the Commission shall, without prejudice to the legislative procedures for the modification of the constituent act, submit to the European Parliament and to the Council the necessary information to assess the impact of the new tasks on the resources of the Union body so as to review, where necessary, its financing and its staffing level.

Amending budgets

Article 34

Any amendment to the budget of the Union body, including to the establishment plan, beyond the modifications authorized under Articles 26(1) and 38(1) of this Regulation, shall be the subject of an amending budget adopted by the same procedure as the initial budget of the Union body, in accordance with the provisions of the constituent act and Article 32 of this Regulation. Amending budgets shall be accompanied by statements of reasons and the information on the implementation of the budget for the preceding and current financial years available at the time of their establishment.

CHAPTER 2 — STRUCTURE AND PRESENTATION OF THE BUDGET OF THE UNION BODY

Structure of the budget of the Union body

Article 35

The budget of the Union body shall consist of a statement of revenue and a statement of expenditure.

Budget nomenclature

Article 36

As far as it is justified by the nature of the Union body's activities, the statement of expenditure must be set out on the basis of a nomenclature with a classification by purpose. That nomenclature shall be determined by the Union body and shall make a clear distinction between administrative appropriations and operational appropriations. The budget nomenclature shall comply with the principles of specification, sound financial management and transparency. It shall provide the clarity and transparency necessary for the budgetary process, facilitating the identification of the main objectives as reflected in the relevant legal bases, making choices on political priorities possible and enabling efficient and effective implementation.

Presentation of the budget of the Union body

Article 37

The budget of the Union body shall show: (a) in the statement of revenue: (i) the estimated revenue of the Union body for the financial year concerned (‘year N’); (ii) the estimated revenue for the preceding financial year and the revenue for year N – 2; (iii) appropriate remarks on each revenue line. (b) in the statement of expenditure: (i) the commitment and payment appropriations for year N; (ii) the commitment and payment appropriations for the preceding financial year, and the expenditure committed and the expenditure paid in year N – 2 — the latter also expressed as a percentage of the budget of the Union body of year N; (iii) a summary statement of the schedule of payments due in subsequent financial years to meet budget commitments entered into in earlier financial years; (iv) appropriate remarks on each subdivision.

Rules on the establishment plans for staff

Article 38

1.   The establishment plan referred to in Article 32(4) shall show next to the number of posts authorised for the financial year, the number authorised for the preceding year and the number of posts actually filled. It shall constitute an absolute limit for the Union body. No appointment may be made in excess of the limit set. However, save in the case of grades AD 16, AD 15, AD 14 and AD 13, the management board may modify the establishment plan by up to 10 % of posts authorised, subject to the following conditions: (a) the volume of staff appropriations corresponding to a full financial year is not affected; (b) the limit of the total number of posts authorised by the establishment plan is not exceeded; (c) the Union body has taken part in a benchmarking exercise with other Union bodies as initiated by the Commission's staff screening exercise. 2.   By derogation from the second subparagraph of paragraph 1, the effects of part-time work authorised by the appointing authority in accordance with the Staff Regulations may be offset by other appointments. Where a staff member requests the withdrawal of the authorisation before expiry of the granted period, the Union body shall take appropriate measures to respect the limit referred to in point (b) of the second subparagraph of paragraph 1 as soon as possible.

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