European Union budget: purpose, structure and key facts

The budgetary provisions are the most important part of the financial rules of the European Union. They are regulated in Art. 310 to Art. 324 TFEU. Article 310 TFEU contains general provisions on the budget of the European Union, while Article 311 TFEU lays down the rules governing the own resources system. Article 312 TFEU lays down the procedure for establishing the multiannual financial framework; Articles 313 to 315 TFEU describe the procedure for the annual budget. Art. 317 to Art. 319 TFEU deal with the implementation of the budget and the discharge to be given to the Commission by the European Parliament. Art. 320 to Art. 324 TFEU contain further general rules, such as that the EU budget shall be drawn up in euro and that it shall in any event be sufficient to enable the EU to fulfil its legal obligations towards third parties.

The most important legal basis after the Treaty text is the current Own Resources Decision. This determines what types of revenue the European Union has and contains some special provisions such as the British rebate (see below). The Own Resources Decision is adopted unanimously by the Council and also requires ratification by the Member States. The European Parliament, on the other hand, only needs to be consulted. Since 2000, the own resources decision has been revised at the same time as each new multiannual financial framework is adopted. The current own resources decision of 1 March 2009 therefore entered into force retroactively from 1 January 2007, i.e. in parallel with the financial framework 2007-2013.

The detailed rules for making own resources available and transferring them, as well as the control provisions, are laid down in the EU Financial Regulation and in various implementing regulations. They are adopted and amended in accordance with the ordinary legislative procedure (Article 322 TFEU). Since 1 January 2013, the 2012 Financial Regulation has been in force, replacing the 2002 Financial Regulation. On 14 September 2016, the European Commission adopted a proposal for a new Financial Regulation, which aims to merge the Financial Regulation and the implementing rules into a single set of rules and to "significantly simplify" them. On 18 July 2018, the proposal was implemented by EU Regulation (Euratom) 2018/1046. The core of the changes will enter into force on 1 January 2019. ^[obsolete]

Whereas in nation states budgetary sovereignty usually lies with a single body (usually the parliament), in the European Union this function is exercised by the Council of the EU and the European Parliament together. They jointly decide on both the multiannual financial framework and the annual budget and are therefore also jointly referred to as the budgetary authority. A conciliation committee is foreseen in case Parliament and Council cannot agree on an annual budget at first reading. The draft financial framework and budget are each submitted by the European Commission, which also acts in an advisory capacity in the Conciliation Committee if necessary, but has no final decision-making power. Its role in the budgetary procedure is thus similar to that of the government at national level.

Responsibility for the budgetary procedure lies with the Commissioner for Budget and Administration (since 2019 Johannes Hahn), who thus assumes a role comparable to that of the Minister of Finance. The Committee on Budgets is responsible for the European Parliament. The Council takes action on budgetary matters in two different formations: The multiannual financial framework is prepared by the General Affairs Council, while the annual budget is prepared by the ECOFIN Council. COREPER II is responsible for the Permanent Representatives Committee, which prepares the Council meetings.

Multiannual Financial Framework (MFF)

The legal basis for the adoption of the multiannual financial framework (MFF) is Article 312 of the TFEU. Since 1992, it has been drawn up for at least five, formerly seven, years and sets the ceilings for commitment and payment appropriations and thus the overall size of the EU budget. The process begins with the European Commission presenting a version of the multiannual financial framework. In a second step, the General Affairs Council - a formation of the Council of the European Union - discusses this version and draws up a proposal for the EU's political guidelines during the term of the MFF. This proposal for setting priorities is then forwarded to the European Council as a basis for negotiation. The deliberations of the European Council must then be concluded unanimously. Unlike the annual budget, the European Parliament only has a right of veto on the MFF and no possibility to introduce formal proposals for amendments. Thus, the Parliament can either reject or adopt the MFF by majority vote.

If Parliament and the Council have not agreed on a new financial framework by the time it expires, the provisions relating to the last year of the previous financial framework shall continue to apply until the adoption of a new financial framework.

These rules have been in place since the current MFF 2014-2020, as it was only through the Lisbon Treaty that the multiannual financial framework was incorporated into primary law and a formal procedure for it was established. The previous multiannual financial frameworks were each adopted by an interinstitutional agreement between the European Parliament, the Council and the Commission.

Annual budget

The procedure for adopting the annual budget is set out in detail in Article 314 TFEU and is modelled on the ordinary legislative procedure.

Each institution and body of the European Union draws up a proposal for its own budget. The European Commission combines these budget estimates and prepares the draft budget for the following year. This must be submitted to the Council and the European Parliament by 1 September each year. However, the Commission can still make changes to its proposal after this date. However, the rule applicable to ordinary EU legislative procedures, namely that the Council may amend Commission proposals only by unanimity, does not apply to the budgetary procedure (Article 293 TFEU). The Commission's budget proposal therefore has no formal impact on the subsequent decisions of the Council and Parliament, but only serves as an essential guideline for them.

After the Commission proposal has been submitted, the Council adopts its position on it by qualified majority and forwards it to the European Parliament before 1 October. If it amends the Commission's draft budget in the process, it must justify these proposed amendments to Parliament. Parliament may then adopt the budget at first reading by a simple majority or adopt amendments by a majority of its Members. If it approves the Council's position or has not taken a decision after 42 days, the budget is deemed adopted and can enter into force.

If Parliament adopts amendments to the Council's draft, these are in turn forwarded to the Commission and the Council. If the Council accepts the amendments made by the European Parliament by qualified majority within 10 days, the budget is deemed adopted. Otherwise, a Conciliation Committee is set up. This is made up of one representative from each Member State and an equal number of Members of Parliament. The Commission also takes part in the meetings, but it has no decision-making powers. Its role is merely to advise the Council and Parliament in their search for a compromise. The Conciliation Committee's task is to submit, within 21 days of being convened, a joint proposal adopted by a qualified majority of the representatives of the Council and a majority of the representatives of the European Parliament. If the Conciliation Committee fails to reach agreement, the Commission must present a new draft budget and the procedure starts again.

Once the Conciliation Committee has agreed on a joint text, it is sent to the Council and Parliament. They have 14 days to approve or reject the Conciliation Committee's draft, with the Council deciding by qualified majority and Parliament by a majority of its members. If neither institution rejects the draft, it is deemed to have been approved and the budget enters into force on that basis. If, on the other hand, one of the two institutions rejects the compromise, it is deemed to have failed and the Commission must present a new draft budget. A special rule applies if the Council rejects the compromise while Parliament approves it. In this case, Parliament has the option of overruling the Council: It may thereby reintroduce its amendments adopted at first reading, provided that it confirms them within 14 days of the Council's rejection by a majority of its Members and three-fifths of the votes cast. In the absence of such confirmation, the rules adopted by the Conciliation Committee shall nevertheless be deemed to have been adopted and the annual budget may enter into force on that basis.

Once the budget has been finally adopted, the Commission will publish it on its Internet site and then in the Official Journal of the European Union.

In the event that no definitive budget has been drawn up at the beginning of a financial year, an emergency budget shall enter into force. This may involve monthly expenditure not exceeding one-twelfth of the appropriations entered in the budget for the preceding year.

Due to the prohibition of indebtedness in Art. 310 TFEU, the revenue and expenditure foreseen in the budget must always be in balance. However, in the course of budget implementation, certain expenditure may have been incurred at the end of the year without the corresponding revenue having been received (or vice versa). The difference between the revenue and expenditure actually paid is therefore carried forward as revenue or expenditure in the budget for the following year. An amending budget is drawn up for this purpose.

An amending budget may also be drawn up in the course of the year if unforeseen circumstances make changes to the budget necessary. The right of initiative for this lies with the European Commission. Otherwise, the same procedural rules apply to such budgetary corrections as to the regular annual budget.