1985R2220 — EN — 04.05.2004 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 2220/85
of 22 July 1985
laying down common detailed rules for the application of the system of securities for agricultural
products
(OJ L 205, 3.8.1985, p. 5)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 1181/87 of 29 April 1987 L 113 31 30.4.1987
►M2 Commission Regulation (EEC) No 3745/89 of 13 December 1989 L 364 54 14.12.1989
►M3 Commission Regulation (EC) No 3403/93 of 10 December 1993 L 310 4 14.12.1993
►M4 Commission Regulation (EC) No 1932/1999 of 9 September 1999 L 240 11 10.9.1999
►M5 Commission Regulation (EC) No 673/2004 of 13 April 2004 L 105 17 14.4.2004
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSION REGULATION (EEC) No 2220/85
of 22 July 1985
laying down common detailed rules for the application of the
system of securities for agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October
1975 on the common organization of the market in cereals (1), as last
amended by Regulation (EEC) No 1018/84 (2), and in particular Arti-
cles 7 (5), 8 (4), 12 (2), 15 (3) and (5) and 16 (6) thereof, and the
corresponding provisions of the other Regulations on the common
organization of the market in respect of agricultural products, and alsoto other provisions in the Regulations on the common organization ofmarkets which, when applied in practice, provide for a security;
Having regard to Council Regulation (EEC) No 525/77 of 14 March
1977 establishing a system of production aid for tinned pineapple (
3),
as last amended by Regulation (EEC) No 1699/85 (4), and in particular
Article 8 thereof,
Having regard to Council Regulation (EEC) No 1079/77 of 17 May
1977 on a co-responsibility levy and on measures for expanding themarkets in milk and milk products (
5), as last amended by Regulation
(EEC) No 1302/85 (6), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 2169/81 of 27 July
1981 laying down the general rules for the system of aid for cotton (7),
as last amended by Regulation (EEC) No 1462/84 (8), and in particular
Article 5 (3) thereof,
Having regard to Council Regulation (EEC) No 1431/82 of 18 May
1982 laying down special measures for peas, field beans and sweetlupins (
9), as last amended by Regulation (EEC) No 1485/85 (10), and
in particular Article 3 (5) thereof,
Having regard to Council Regulation (EEC) No 1677/85 of 11 June
1985 on monetary compensatory amounts in agriculture (11), and in
particular Article 12 thereof,
Whereas numerous provisions in Community agricultural Regulations
require that a security be given to ensure payment of a sum due if anobligation is not met; whereas, however, experience has shown that this
requirement is in practice interpreted in widely differing fashions;
whereas, therefore, in order to avoid unequal competitive conditions,the requirement should be more fully defined;
Whereas, in particular, the form of the security should be defined;Whereas many provisions in Community agricultural Regulations
provide that the security given is forfeited if any obligation secured is
breached, without making any distinction between breaches of funda-mental and of secondary or subordinate obligations; whereas in theinterests of equity a distinction should be drawn between the conse-quences of breaching a fundamental obligation and the consequencesof breaching a secondary or subordinate one; whereas, in particular,1985R2220 — EN — 04.05.2004 — 003.001 — 2
(1) OJ No L 281, 1. 11. 1975, p. 1.
(2) OJ No L 107, 19. 4. 1984, p. 1.
(3) OJ No L 73, 21. 3. 1977, p. 46.
(4) OJ No L 163, 22. 6. 1985, p. 12.
(5) OJ No L 131, 26. 5. 1977, p. 6.
(6) OJ No L 137, 27. 5. 1985, p. 9.
(7) OJ No L 211, 31. 7. 1981, p. 2.
(8) OJ No L 142, 29. 5. 1984, p. 1.
(9) OJ No L 162, 12. 6. 1982, p. 28.
(10) OJ No L 151, 10. 6. 1985, p. 7.
(11) OJ No L 164, 24. 6. 1985, p. 6.
▼B
provision should be made, where permissible, for forfeiture of only a
part of the security where the fundamental obligation is in fact metbut the deadline set for meeting it has been slightly exceeded, or
when a secondary or subordinate obligation is not met;
Whereas no distinction between the consequences of failure to meet an
obligation should be made based on whether or not an advancepayment has been received; whereas, accordingly, securities givenagainst advances are covered by separate rules;
Whereas the costs of lodging a security, incurred by both the party
giving the security and the competent authority, may be out of propor-tion to the sum whose payment the security guarantees if that sum isbelow a certain limit; whereas competent authorities must thereforehave the right to waive the requirement of a security for payment of asum below that limit; whereas, further, a competent authority should be
empowered to waive the requirement of a security where the nature of
the person required to meet the obligations makes that requirementunnecessary;
Whereas a competent authority should have the right to refuse a
security offered where it considers it to be unsatisfactory,
Whereas a time limit for furnishing the evidence needed for the release
of a sum secured should be laid down where no such time limit is laiddown elsewhere;
Whereas, in connection with the representative rate to be used for
converting a sum secured expressed in ECU into national currency,the operative event referred to in Article 5 of Council Regulation
(EEC) No 1676/85 of 11 June 1985 on the value of the unit of account
and the conversion rates to be applied for the purpose of the commonagricultural policy (
1), should be defined;
Whereas the procedure to be followed once a security is forfeited
should be laid down,
Whereas the Commission should be enabled to monitor the implemen-
tation of the provisions on securities,
Whereas this Regulation lays down the rules to apply generally to all
sectors and all products, unless Community legislation specific to thesector lays down different rules; whereas the specific rules laid downfor each sector will continue to apply until such time as they are
cancelled or amended,
Whereas the measures provided for in this Regulation are in accor-
dance with the opinions of all the relevant, Management Committees,
HAS ADOPTED THIS REGULATION:
TITLE I
Scope of the Regulation
Article 1
This Regulation lays down the rules governing securities to be
provided, either under the following Regulations or under any imple-menting regulations, unless other rules are laid down by those
Regulations:
(a) Regulations laying down the common organisation of markets in
certain agricultural products:
— Council Regulation No 136/66/EEC (oils and fats) *1,
— Council Regulation (EEC) No 2358/71 (seeds) *2,1985R2220 — EN — 04.05.2004 — 003.001 — 3
(1) OJ No L 164 of 24. 6. 1985, p. 1.
*1 OJ 172, 30.9.1966, p. 3025/66.
*2 OJ L 246, 5.11.1971, p. 1.▼M5
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— Council Regulation (EEC) No 2759/75 (pigmeat) *3,
— Council Regulation (EEC) No 2771/75 (eggs) *4,
— Council Regulation (EEC) No 2777/75 (poultrymeat) *5,
— Council Regulation (EEC) No 1766/92 (cereals) *6,
— Council Regulation (EEC) No 2075/92 (raw tobacco) *7,
— Council Regulation (EC) No 3072/95 (rice) *8,
— Council Regulation (EC) No 603/95 (dried fodder) *9,
— Council Regulation (EC) No 2200/96 (fruit and vegetables) *10,— Council Regulation (EC) No 2201/96 (products processed from
fruit and vegetables) *11,
— Council Regulation (EC) No 1254/1999 (beef and veal) *12,
— Council Regulation (EC) No 1255/1999 (milk and milk
products) *13,
— Council Regulation (EC) No 1493/1999 (wine) *14,
— Council Regulation (EC) No 104/2000 (fishery and aquaculture
products) *15,
— Council Regulation (EC) No 1673/2000 (flax and hemp) *16,— Council Regulation (EC) No 1260/2001(sugar) *17,
— Council Regulation (EC) No 2529/2001 (sheepmeat and goat-
meat) *18,
— Council Regulation (EC) No 670/2003 (ethyl alcohol of agricul-
tural origin) *19;
(b) Council Regulation (EC) No 1782/2003 (direct support
schemes) *20;
(c) Council Regulation (EC) No 1051/2001 (cotton aid scheme) *21;
(d) Council Regulation (EC) No 1251/1999 (support system for produ-
cers of certain arable crops) *22;
(e) Council Regulation (EC) No 2202/96 (aid scheme for producers of
certain citrus fruits) *23;
(f) Council Regulation (EC) No 3448/93 (trade arrangements applic-
able to certain goods resulting from the processing of agricultural
products) *24.
Article 2
This Regulation shall not apply to securities given to ensure payment
of import and export duties referred to in Council Regulation (EEC)No 2913/92 (
1).1985R2220 — EN — 04.05.2004 — 003.001 — 4
*3 OJ L 282, 1.11.1975, p. 1.
*4 OJ L 282, 1.11.1975, p. 49.
*5 OJ L 282, 1.11.1975, p. 77.
*6 OJ L 181, 1.7.1992, p. 21.
*7 OJ L 215, 30.7.1992, p. 70.
*8 OJ L 329, 30.12.1995, p. 18.
*9 OJ L 63, 21.3.1995, p. 1.
*10 OJ L 297, 21.11.1996, p. 1.
*11 OJ L 297, 21.11.1996, p. 29.
*12 OJ L 160, 26.6.1999, p. 21.
*13 OJ L 160, 26.6.1999, p. 48.
*14 OJ L 179, 14.7.1999, p. 1.
*15 OJ L 17, 21.1.2000, p. 22.
*16 OJ L 193, 29.7.2000, p. 16.
*17 OJ L 178, 30.6.2001, p. 1.
*18 OJ L 341, 22.12.2001, p. 3.
*19 OJ L 97, 15.4.2003, p. 6.
*20 OJ L 270, 21.10.2003, p. 1.*21 OJ L 148, 1.6.2001, p. 3.
*22 OJ L 160, 26.6.1999, p. 1.
*23 OJ L 297, 21.11.1996, p. 49.
*24 OJ L 318, 20.12.1993, p. 18.
(
1) OJ L 302, 19.10.1992, p. 1.▼M4
▼B
Article 3
For the purposes of this Regulation:
(a) A ‘security’ is an assurance that a sum of money will be paid or
forfeited to a competent authority if a particular obligation is notmet.
This Regulation applies in all cases where the Regulations referred
to in Article 1 provide for a security meeting this definition,whether or not the particular term ‘security’ is used.
(b) A ‘block security’ is a security made available to the competent
authority with the purpose of ensuring that more than one obliga-tion is met.
(c) An ‘obligation’ is a requirement or set of requirements, imposed by
a Regulation, to perform or to refrain from performing an act.
(d) A ‘competent authority’ is either a party authorized to accept a
security or a party authorized to decide in accordance with the rele-vant Regulation if a security is to be released or forfeited.
TITLE II
Requirement of a security
Article 4
A security shall be given by or on behalf of the party responsible for
paying the sum of money due if an obligation is not met.
Article 5
1. The competent authority may waive the requirement of a security
where the value of the sum secured is less than ►M4 500 EUR ◄.
2. Where use is made of the facility in paragraph 1, the party
concerned shall undertake in writing to pay a sum equal to that which
he would have been required to pay had he given a security and thatsecurity has subsequently been forfeited in part or entirely.
Article 6
The competent authority may waive the requirement of a security
where the party responsible for meeting the obligation is either:
(a) a public body responsible for executing the duties of a public
authority, or
(b) a private body executing such duties under State supervision.
TITLE III
Form of securities
Article 8
1. A security may be given by:
(a) making a cash deposit as referred to in Articles 13 and 14 and/or
(b) providing a guarantor as defined in Article 16 (1).
2. At the discretion of the competent authority, a security may be
given by:
(a) providing a mortgage, and/or
(b) pledging cash deposits in a bank, and/or1985R2220 — EN — 04.05.2004 — 003.001 — 5
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(c) pledging recognized claims against a public body or public funds,
which are due and payable and against which no other claim hasprecedence, and/or
(d) pledging securities negotiable in the Member State concerned
provided they are issued or guaranteed by that State, and/or
(e) pledging bonds, issued by mortgage credit associations, listed on a
public stock exchange and for sale on the open market, providedthat their credit rating ranks equal with that of government bonds.
3. Member States may impose additional terms for accepting securi-
ties of the type listed in paragraph 2.
Article 9
The competent authority shall refuse to accept or shall require the
replacement of any security which it considers inadequate or unsatis-
factory or which does not provide cover for a sufficient period.
Article 10
1. (a) Assets mortgaged in accordance with Article 8 (2) (a) or securi-
ties or bonds pledged in accordance with Article 8 (2) (d) and(e) shall, at the time the security is given, have a disposablevalue of at least 115 % of the value of the security required.
(b) The disposable value of securities or bonds shall be assessed
using the last available quotation.
(c) A competent authority may accept a security of the type listed in
Article 8 (2) (a), (d) or (e) only if the party offering it under-takes, in writing, either to give an additional security or toreplace the original security should the disposable value of theassets, securities or bonds in question have been for a period of
three months below 105 % of the value of the security required.
This written undertaking shall not be necessary where nationallaw already so provides. The competent authority shall regularlyreview the value of such assets, securities or bonds.
2. (a) The disposable value of a security as referred to in Article 8 (2)
(a), (d) and (e) shall be assessed by the competent authority,
taking, into account any costs of disposal.
(b) The party giving the security shall, at the request of the compe-
tent authority, provide proof of its disposable value.
Article 11
1. Any security may be replaced by another.However, the agreement of the competent authority shall be required in
the following cases:
(a) where the original security has been forfeited but not yet realized,
or
(b) where the replacement security is of a type listed in Article 8 (2).
2. A block security may be replaced by another block security on
condition that the new block security covers at least that part of theoriginal block security assigned at the time of replacement to ensurefulfilment of one or more obligations still outstanding.
Article 12
1. The security shall be lodged in the currency of the Member State
where the relevant competent authority is situated.
2. If the total sum of a security required expressed in the currency of
the Member State concerned has increased owing to a modification ofthe agricultural conversion rate for the security entering into force onthe date of the operative event, the security is accepted on the basisof the agricultural conversion rate in force the day before the modifica-1985R2220 — EN — 04.05.2004 — 003.001 — 6
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tion if the deficit amounts to less than ►M4 60 EUR ◄expressed in
national currency using the new agricultural conversion rate.
3. An offer for which a tender security lodged showing a deficit of
►M4 60 EUR ◄or more owing to a modification as referred to in
paragraph 2, shall be accepted as valid for the quantity actually coveredby that security, unless before the moment at which the offers areexamined with a view to deciding on the result of the tender, thetenderer undertakes in writing to supplement the deficit and does so
within five working days following the closing date of the tender,
except in cases of force majeure .
Such reduction of the quantity of the offer shall not be considered as a
breach of any minimum quantity provision in the specific Regulation.
4. The provisions of Article 5 (1) and (2) may also be applied to the
supplementation of a deficit caused by a modification as referred to inparagraph 2 of this Article.
Article 13
Where cash is deposited by transfer it shall not be regarded as estab-
lishing a security until the competent authority is satisfied that it hasthe amount at its disposal.
Article 14
1. A cheque for a sum whose payment is guaranteed by a financial
institution recognized for the purpose by the Member State of the
competent authority concerned shall be treated as a cash deposit. The
competent authority need not present such a cheque for payment untilthe period for which it is guaranteed is about to expire.
2. A cheque, other than as referred to in paragraph 1, shall constitute
a security only when the competent authority is satisfied that it has the
amount at its disposal.
3. Any charges by a financial institution shall be borne by the party
giving the security.
Article 15
No interest shall be paid to the party giving a security in the form of a
cash deposit.
Article 16
1. The guarantor must have his normal residence or an establishment
in the Community and, subject to the provisions of the Treatyconcerning freedom to supply services, must be approved by the
competent authority of the Member State in which the security is
given. The guarantor shall be bound by a written guarantee.
2. The written guarantee shall state at least:
(a) the obligation or, in the case of a block security, the type(s) of obli-
gation against whose fulfilment it guarantees the payment of a sum
of money;
(b) the maximum liability to pay that the guarantor accepts;
(c) that the guarantor undertakes jointly and severally with the party
responsible for meeting the obligation to pay, within 30 days ofdemand by the competent authority, any sum, within the limit ofthe guarantee, due once a security is declared forfeit.1985R2220 — EN — 04.05.2004 — 003.001 — 7
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3. The competent authority may accept a written telecommunication
sent by the guarantor as constituting a written guarantee. If the compe-tent authority does so accept, it shall take whatever steps are required
to satisfy itself that the telecommunication is genuine.
4. Where a written block guarantee has already been given, the
competent authority shall determine the procedure to be followed by
which all or part of the block guarantee shall be allocated to a a parti-cular obligation.
Article 17
As soon as part of a block security is assigned to a particular obliga-
tion, the balance of the block security remaining shall be noted.
TITLE IV
Advance payments
Article 18
The provisions of this Title:
— shall apply in all cases where a specific Regulation provides that a
sum may be advanced before the obligation has been met;
— shall apply to advance payments made under Regulation (EEC) No
565/80 (1).
Article 19
1. The security shall be released when:
(a) final entitlement to the sum granted as advance has been estab-
lished, or
(b) the sum granted, plus any addition provided for in the specific
Regulation, has been repaid.
2. Once the deadline for showing final entitlement to the sum
granted has passed without production of evidence of entitlement, thecompetent authority shall immediately follow the procedure in Article29.
The deadline may be postponed in a case of force majeure .
However, where Community legislation so provides, evidence may still
be produced after that date against partial repayment of the security.
3. If the force majeure provisions in Community legislation permits
repayment of the advance alone, the following further conditions shall
apply:
(a) the circumstances claimed as force majeure shall be notified to the
competent authority not later than 30 days after the day on which
information was received by the party concerned that circumstancesindicating a possible case of force majeure had arisen, and
(b) the party concerned shall repay the sum advanced or the relevant
part of it within 30 days from the date on which the competentauthority issues a request for repayment.
If the conditions laid down at (a) and (b) are not respected, the terms of
repayment shall be the same as if circumstances of force majeure had
not occurred.1985R2220 — EN — 04.05.2004 — 003.001 — 8
(1) OJ No L 62, 7. 3. 1980, p. 5.▼M1
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TITLE V
Release and forfeiture of securities other than those referred to in
Title IV
Article 20
1. An obligation may include primary, secondary or subordinate
requirements.
2. A primary requirement is a requirement, basic to the purposes of
the Regulation imposing it, to perform, or to refrain from performing,an act.
3. A secondary requirement is a requirement to respect the time
limit for fulfilling a primary requirement.
4. A subordinate requirement is any other requirement imposed by a
Regulation.
5. This Title shall not apply where the relevant specific Regulation
has not defined the primary requirements.
6. For the purposes of this Title ‘the relevant part of the sum
secured’ shall mean the part of the sum secured corresponding to thequantity for which a requirement has been breached.
Article 21
Once the evidence laid down by the specific Regulation has been furn-
ished that all primary, secondary and subordinate requirements havebeen fulfilled, the security shall be released.
Article 22
1. A security shall be forfeit in full for the quantity for which a
primary requirement is not fulfilled, unless force majeure prevented
fulfilment.
2. A primary requirement shall be considered to have been breached
if the relevant evidence is not produced within the time limit set for theproduction of that evidence unless force majeure prevented production
of such evidence within that time limit. The procedure in Article 29 forrecovering the sum forfeited shall immediately be followed.
3. Where evidence that all primary requirements have been met is
produced within 18 months of the deadline in the first subparagraph
of paragraph 2, 85 % of the sum forfeited shall be repaid.
Where evidence that all primary requirements have been met is
produced within 18 months of that deadline in circumstances wherethe relevant secondary requirement has not been met, the sum to berepaid shall be the sum that would have been repayable under Article23 (2), less 15 % of the relevant part of the sum secured.
4. No repayment shall be made where evidence that all primary
requirements have been respected is produced after the 18 months
period referred to in paragraph 3 has expired ►
M1 unless force
majeure prevented production of this evidence within that period ◄.
Article 23
1. If the evidence laid down by the specific Regulation is produced
within the specified period that all primary requirements have beenmet, in circumstances where a secondary requirement has been brea-ched, a partial release of the security shall be made and the rest of thesum secured forfeited. The procedure in Article 29 for recovering thesum forfeited shall be followed.1985R2220 — EN — 04.05.2004 — 003.001 — 9
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2. The proportion of the security released shall be: the security
covering the relevant part of the sum secured less
(a) 15 %, and
(b) — 10 % of the sum remaining after deduction of the 15 % for each
day by which:
— a maximum period of 40 days or less has been exceeded,
— a minimum period of 40 days or less has not been respected;
— 5 % of the sum remaining after deduction of the 15 % for each
day by which:
— a maximum period of between 41 and 80 days has been
exceeded,
— a minimum period of between 41 and 80 days has not been
respected;
— 2 % of the sum remaining after deduction of the 15 % for each
day by which:
— a maximum period of 81 days or more has been exceeded,
— a maximum period of 81 days or more has not been
respected.
3. This Article shall not apply to periods for either applying for, or
using, import and export licences and advance fixing certificates, or toperiods relating to the fixing of import and export levies and export
refunds by tender.
Article 24
1. Failure to fulfil one or more subordinate requirements shall lead
to forfeiture of 15 % of the relevant part of the sum secured unless
force majeure prevented fulfilment.
2. The procedure laid down in Article 29 for recovery of the sum
forfeited shall immediately be put into effect.
3. This Article shall not apply in circumstances where Article 22 (3)
applies.
Article 25
If evidence is produced that all primary requirements have been
observed but both a secondary and a subordinate requirement have
been breached, Articles 23 and 24 shall apply and the total sum to beforfeit shall be the sum forfeit in accordance with Article 23 plus 15 %of the relevant part of the sum secured.
Article 26
The total sum forfeited shall not exceed 100 % of the relevant part of
the sum secured.
TITLE VI
General Provisions
Article 27
1. A security shall on request be released in part where the relevant
evidence has been furnished in relation to part of a quantity of product,
provided that that part is not less than any minimum quantity specifiedin the Regulation requiring the security.
Where the particular Community rules do not specify a minimum quan-
tity, the competent authority may itself restrict the number of partial1985R2220 — EN — 04.05.2004 — 003.001 — 10
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releases of any one security, and may specify a minimum sum for any
such release.
2. Before releasing all or part of a security the competent authority
may require that a written request for release be furnished.
3. In the case of securities covering, in accordance with Article 10
(1), more than 100 % of the sum required to be secured, that part of
the security exceeding 100 % shall be released when the remainder of
the sum secured is finally released or forfeited.
Article 28
1. Where no period is laid down for producing the evidence needed
to release a sum secured, such period shall be:
(a) 12 months from the time limit specified for respecting all primary
requirements, or
(b) where no such time limit is specified, 12 months from the date by
which all primary requirements have been met.
2. The period laid down in paragraph 1 shall not exceed three years
from the time the security was assigned to a particular obligation,except in cases of force majeure .
Article 29
1. Once the competent authority is aware of circumstances giving
rise to forfeiture of the security, in whole or in part, it shall withoutdelay demand the party required to meet the obligation to pay thesum forfeited, allowing up to 30 days from the day of receipt of
demand for payment.
Where payment has not been made at the end of this period, the
competent authority shall:
(a) without delay clear any security of the type described in Article 8
(1) (a) to the appropriate account;
(b) without delay require the guarantor described in Article 8 (1) (b) to
pay, allowing up to 30 days from the day of receipt of demand forpayment;
(c) without delay take steps to:
(i) convert the securities described in Article 8 (2) (a), (c), (d) and
(e) into money sufficient to recover the sum due;
(ii) clear pledged cash deposits to its own account.
The competent authority may without delay clear any security of the
type described in Article 8 (1) (a) to the appropriate account without
first requiring the person concerned to effect payment.
2. The competent authority may waive the forfeiture of an amount
less than ►
M4 60 EUR ◄, provided that similar national provisions
for comparable cases are laid down by law, regulation or administrativeaction.
3. Without prejudice to paragraph 1, where the decision to forfeit a
security is taken but on appeal is subsequently postponed in accordancewith national law, the party concerned shall pay interest on the sum
actually forfeited over the period starting 30 days from the day of
receipt of the demand for payment as referred to in the first subpara-graph of paragraph 1 and ending on the day prior to the payment ofthe sum actually forfeited.
Where following the outcome of the appeal procedure the party
concerned is asked to pay within 30 days the sum forfeited, for thepurposes of calculating interest the Member State may consider1985R2220 — EN — 04.05.2004 — 003.001 — 11
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payment to be made on the 20th day following the date of such
request.
The rate of interest applicable is calculated according to the provisions
of national law, but shall in no case be lower than the interest rateapplicable in case of recovery of national amounts.
The paying agencies shall deduct the interest paid from the expenditure
of the European Agricultural Guidance and Guarantee Fund (EAGGF)in accordance with the provisions of Council Regulation (EEC) No
352/78 (
1).
Member States may claim periodically a supplementation of the
security in respect of the interest involved.
Where a security has been forfeited and the amount already credited to
the EAGGF and, following the outcome of an appeal procedure, thesum forfeited in whole or in part, including interest at a rate in accor-dance with national law, is to be repaid, the sum to be repaid shall be
borne by the EAGGF unless the repayment of the security is attribu-
table to the negligence or serious mistake of administrative authoritiesor other bodies of the Member State.
Article 30
The Commission may, in accordance with the procedure laid down in
Article 38 of Regulation No 136/66/EEC and in the correspondingArticles of the other Regulations on the common organization of
markets, provide for a derogation from the foregoing provisions.
TITLE VII
Information
Article 31
1. Member States shall keep available for the Commission, for each
year, the total number and sum of securities forfeited, whatever stageof the procedure in Article 29 has been reached, distinguishing in either
case between these credited to the national budgets and those credited
to the Community budget.
2. The information referred to in paragraph 1 shall be kept in rela-
tion to all securities forfeited for an amount greater than EUR 1 000and each Community provision requiring that a security be given.
3. Information shall cover both sums paid directly by the interested
party and sums recovered by realising a security.
Article 32
Member States shall keep the following information available for the
Commission:
(a) the types of institutions authorised to act as guarantors and the
requirements laid down;
(b) the types of security accepted pursuant to Article 8(2) and the
requirements laid down.
Article 33
This Regulation shall enter into force on 1 March 1986.1985R2220 — EN — 04.05.2004 — 003.001 — 12
(1) OJ No L 50, 22. 2. 1978, p. 1.▼M3
▼B
▼M4
▼B
▼B
It shall apply to securities given on or after that date and to block secu-
rities which are used on or after the date to ensure that one or moreindividual obligations are met.
At the request of the party concerned it shall apply to securities given
before that date which have not been released or forfeited.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1985R2220 — EN — 04.05.2004 — 003.001 — 13