COMMISSION REGULATION (EC) No 1769/2004
of 14 October 2004
amending Regulation (EC) No 2390/1999 laying down form and content of the accounting information to be submitted to the Commission for the purpose of the clearance of the EAGGF Guarantee Section accounts as well as for monitoring and forecasting purposes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1), and in particular Article 4(8) thereof,
Whereas:
(1)
Article 2(3) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Council Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section (2) provides that the form and content of the accounting information referred to in Article 4(1)(c) of that Regulation shall be established in accordance with the procedure provided for in Article 13 of Regulation (EC) No 1258/1999.
(2)
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3), applicable to Community institutions and bodies, and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4), implemented into national law, applicable to Member States, protect the right to privacy of natural persons with respect to the processing of personal data.
(3)
Any personal data included in the information collected in the context of Commission Regulation (EC) No 2390/1999 (5) shall be processed in accordance with the requirements of Regulation (EC) No 45/2001, which provides, in particular, that data subjects should be informed of their rights, including the right to obtain, upon request, the communication of his personal data, the right to rectify any inaccurate or incomplete personal data, and the right of recourse at any time to the European Data Protection Supervisor. Pursuant to Article 248(3) of the Treaty, the European Court of Auditors is entitled to have access to the accounting information referred to in Article 4(1)(c) of Regulation (EC) No 1663/95, and may process personal data in accordance with Articles 5(b) and 7 of Regulation (EC) No 45/2001.
(4)
For the undertaking of verifications in the context of the clearance of the EAGGF Guarantee Section accounts, the European Anti-fraud Office (OLAF) is also entitled to have access to the accounting information referred to in Article 4(1)(c) of Regulation (EC) No 1663/95, and may process personal data in accordance with Articles 5(a) and 7(1) of Regulation (EC) No 45/2001.
(5)
The form and content of the accounting information to be submitted to the Commission for the purposes of the clearance of the EAGGF Guarantee Section accounts as well as for monitoring and forecasting purposes are presently laid down in Regulation (EC) No 2390/1999. It is appropriate to adapt that Regulation.
(6)
Due to changes in the budget nomenclature and in order to keep the transfer of information between the Member States and the Commission optimal and up to date, it is necessary to adapt the Annexes to Regulation (EC) No 2390/1999 as from 16 October 2004.
(7)
Regulation (EC) No 2390/1999 should therefore be amended accordingly.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Fund Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2390/1999 is amended as follows:
1.
Article 2 is replaced by the following:
‘Article 2
1. The accounting information referred to in Article 4(1)(c) of Regulation (EC) No 1663/95 shall be used by the Commission for the sole purposes of:
(a)
carrying out its functions in the context of the clearance of the EAGGF Guarantee Section accounts pursuant to Regulation (EC) No 1258/1999;
(b)
monitoring developments and providing forecasts in the agricultural sector.
In this context, the European Court of Auditors and the European Anti-fraud Office (OLAF) may have access to this information.
2. Any personal data included in the information collected shall only be processed for the purposes specified in paragraph 1. In particular, if accounting information is used by the Commission for the purpose referred to in paragraph 1(b), the Commission shall make such data anonymous and process it in aggregated form only.
3. Should the data subject have any queries concerning the processing of his/her personal data, he/she shall address them to the Directorate-General for Agriculture at the European Commission at the following e-mail address: AGRI-J1@cec.eu.int
4. The Commission shall ensure that the accounting information referred to in Article 4(1)(c) of Regulation (EC) No 1663/95 is kept confidential and secure.’
2.
Annexes I, II and III to Regulation (EC) No 2390/1999 are replaced by the text in Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 16 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 October 2004.