The European Parliament,

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

–  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 in particular Articles 15, 37 and 38 thereof,

–  having regard to the general budget of the European Union for the financial year 2012, as definitively adopted on 1 December 2011(2),

–  having regard to Council's position on transfer request DEC 9/2012, adopted on 7 June 2012,

–  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),

–  having regard to Draft amending budget No 3/2012 of the European Union for the financial year 2012, which the Commission submitted on 16 April 2012 (COM(2012)0181),

–  having regard to Council's position on Draft amending budget No 3/2012, which the Council established on 11 June 2012 (11113/2012 – C7-0147/2012),

–  having regard to the Commission's proposal of 22 December 2010 for a Regulation of the European Parliament and of the Council on the financial rules applicable to the annual budget of the Union (COM(2010)0815),

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

–  having regard to the report of the Committee on Budgets (A7-0206/2012),

A.  whereas Draft amending budget No 3/2012 aims to enter in the 2012 budget the surplus from the 2011 financial year, amounting to EUR 1 496 968 014,

B.  whereas the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion,

C.  whereas the major part on the income side (EUR 0,45 billion out of EUR 0,67 billion) comes from fines and interest on late payments,

D.  whereas the under-spend in expenditure, which concerns 2011 budget appropriations for EUR 0,56 billion and carry-overs from 2010 for EUR 0,17 billion, does not result from absorption difficulties or mismanagement but from the rules in force for adjusting the repartition of payments in line with needs, particularly during the last weeks of the financial year,

E.  whereas, on the contrary, all available indicators point this year to a shortage in payments in many areas of EU intervention, notably because in 2011, for the second year in a row, the Budgetary Authority decreased the 2012 level of payment appropriations in the Union budget by more than EUR 3 billion, including for research and cohesion policy, as compared to Commission's initial estimates,

F.  whereas, in its position on transfer request DEC 9/2012, Council drastically reduced the payment appropriations transferred to the research area, where urgent needs in payments are reported to honour previous commitments, but is finally reconsidering its position in the context of transfer request DEC 19/2012,

G.  whereas Article 15 of the Financial Regulation provides that any discrepancy with the estimates is to be entered in the Union budget through an amending budget devoted solely to that discrepancy,

1.  Takes note of Draft amending budget No 3/2012 devoted solely to the budgeting of the 2011 surplus, in accordance with Article 15 of the Financial Regulation; stresses that the latter leaves some room of discretion as to the destination of the surplus;

2.  Takes note that the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion;

3.  Stresses that the under-spend in expenditure (EUR 0,73 billion) does not result from any absorption difficulties or mismanagement but from the rules currently in force for adjusting the repartition of payments in line with the needs; considers accordingly that it should be treated differently as compared to the part of the surplus that stems from variations in revenue; underlines moreover that a large part of this under-implementation results from Council's decision not to adopt the salary and pension adjustment provided for by the Staff Regulations;

4.  Deplores the fact that, despite the provisions of Article 310(5) of the Treaty on the Functioning of the European Union on sound financial management and the Joint Statement on payment appropriations agreed by all three institutions in the framework of 2012 budgetary procedure, Council initially decided to reduce by two thirds the level of the EUR 485 million transfer request DEC 9/2012 from under-implemented energy projects to aid economic recovery to reinforce three budget lines under FP7 - Cooperation;

5.  Underlines that this would have artificially increased under-implementation for 2012 payments and therefore increased the 2012 surplus, when all available indicators already point this year to a shortage in payments in the field of research and other areas of EU intervention; therefore welcomes Council's reconsidering of its position through adopting transfer request DEC 19/2012;

6.  Approves, without amendment, Council position on Draft amending budget No 3/2012;

7.  Instructs its President to declare that Amending budget No 3/2012 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union;

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

(1) OJ L 248, 16.9.2002, p. 1. (2) OJ L 56, 29.2.2012. (3) OJ C 139, 14.6.2006, p. 1.