2220/85 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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 No L 205, 3. 8. 1985, p. 5)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 1181/87 of 29 April 1987 L 113 31 30. 4. 1987
Commission Regulation (EEC) No 3745/89 of 13 December 1989 L 364 54 14. 12. 1989Commission Regulation (EC) No 3403/93 of 10 December 1993 L 310 4 14. 12. 1993
2220/85 - - - I
ICOMMISSION 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 T reaty establishing the EuropeanEconomic 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 Articles 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 agricul-
tural products, and also to other provisions in the Regula-
tions on the common organization of markets which, whenapplied 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 the markets 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 sys-
tem of aid for cotton (7), as last amended by Regulation
(EEC) No 1462/84 (8), and in particular Article 5 (3) there-
of,
Having regard to Council Regulation (EEC) No 1431/82
of 18 May 1982 laying down special measures for peas,
field beans and sweet lupins (9), as last amended by Re-
gulation (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,
(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.
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IIWhereas numerous provisions in Community agricultural
Regulations require that a security be given to ensure pay-
ment of a sum due if an obligation 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 condi-
tions, the requirement should be more fully defined;
Whereas, in particular, the form of the security should be
defined;
Whereas many provisions in Community agricultural Re-
gulations provide that the security given is forfeited if any
obligation secured is breached, without making any distinc-
tion between breaches of fundamental and of secondary or
subordinate obligations; whereas in the interests of equity
a distinction should be drawn between the consequences of
breaching a fundamental obligation and the consequences
of breaching a secondary or subordinate one; whereas, inparticular, provision should be made, where permissible,
for forfeiture of only a part of the security where the fun-
damental obligation is in fact met but 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 fail-
ure to meet an obligation should be made based on
whether or not an advance payment has been received;
whereas, accordingly, securities given against 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 proportion to the sum whose payment the
security guarantees if that sum is below a certain limit;
whereas competent authorities must therefore have the
right to waive the requirement of a security for payment of
a sum 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 requirement unnecessary;
Whereas a competent authority should have the right to
refuse a security offered where it considers it to be unsatis-
factory,
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 laid down elsewhere;
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IIIWhereas, 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 Ar-
ticle 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 com-
mon agricultural policy (1), should be defined;
Whereas the procedure to be followed once a security is
f o r f e i t e ds h o u l db el a i dd o w n ,
Whereas the Commission should be enabled to monitor
the implementation of the provisions on securities,
Whereas this Regulation lays down the rules to apply gen-
erally to all sectors and all products, unless Community
legislation specific to the sector lays down different rules;
whereas the specific rules laid down for 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 accordance with the opinions of all the relevant, Man-
agement Committees,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 164 of 24. 6. 1985, p. 1.
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1TITLE I
Scope of the Regulation
Article 1
This Regulation lays down the rules governing securities to
be given, either under the following Regulations or under
any implementing Regulations, unless other rules are laid
down by those Regulations:
(a) Regulations laying down the common organization of
markets in certain agricultural products:
— Regulation (EEC) No 136/66/EEC (oils and
fats) (1),
— Regulation (EEC) No 804/86 (SIC! 804/68) (milk
and milk products) (2),
— Regulation (EEC) No 805/68 (beef and veal) (3),
— Regulation (EEC) No 2358/71 (seeds) (4),
— Regulation (EEC) No 1035/72 (fruit and veg-
etables) (5),
— Regulation (EEC) No 2759/75 (pigmeat) (6),
— Regulation (EEC) No 2771/75 (eggs) (7),
— Regulation (EEC) No 2777/75 (poultrymeat) (8),
— Regulation (EEC) No 1418/76 (rice) (9),
— Regulation (EEC) No 1117/78 (dried fodder) (10),
— Regulation (EEC) No 1785/81 (sugar) (11),
— Regulation (EEC) No 426/86 (products processed
from fruit and vegetables) (12),
— Regulation (EEC) No 822/87 (wine) (13),
— Regulation (EEC) No 3013/89 (sheepmeat and
goatmeat) (14),
— Regulation (EEC) No 1766/92 (cereals) (15),
— Regulation (EEC) No 2075/92 (raw tobacco) (16),
— Regulation (EEC) No 3759/92 (fishery and aqua-
culture products) (17);
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 148, 28. 6. 1968, 13.
(3) OJ No L 148, 28. 6. 1968, p. 24.
(4) OJ No L 246, 5. 11. 1971, p. 1.
(5) OJ No L 118, 20. 5. 1972, p. 1.
(6) OJ No L 282, 1. 11. 1975, p. 1.
(7) OJ No L 282, 1. 11. 1975, p. 49.
(8) OJ No L 282, 1. 11. 1975, p. 77.
(9) OJ No L 166, 25. 6. 1976, p. 1.
(10) OJ No L 142, 30. 5. 1978, p. 1.
(11) OJ No L 177, 1. 7. 1981, p. 4.
(12) OJ No L 49, 27. 2. 1986, p. 1.
(13) OJ No L 84, 27. 3. 1987, p. 1.
(14) OJ No L 289, 7. 10. 1989, p. 1.
(15) OJ No L 181, 1. 7. 1992, p. 21.
(16) OJ No L 215, 30. 7. 1992, p. 70.
(17) OJ No L 388, 31. 12. 1992, p. 1.2220/85
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2(b) Regulation (EEC) No 525/77 (pineapple preserve) (1);
(c) the system of aid for cotton as laid down in Regulation
(EEC) No 2169/81 (2);
(d) Regulation (EEC) No 1765/92 (support system for pro-
ducers of certain arable crops) (3).
Article 2
This Regulation shall not apply to securities given to en-
sure payment of the import and export duties referred to
in Articles 1 and 10 of Council Directive 79/623/EEC (4).
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 par-
ticular obligation is not met.
This Regulation applies in all cases where the Regula-
tions 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 obligation 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 relevant 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 re-
sponsible 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 100 ECU.
(1) OJ No L 73, 21. 3. 1977, p. 46.
(2) OJ No L 211, 31. 7. 1981, p. 2.
(3) OJ No L 181, 1. 7. 1992, p. 12.
(4) OJ No L 179, 17. 7. 1979, p. 31.3403/93
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32. 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 that security has subsequently
been forfeited in part or entirely.
3. This Article shall not apply where the security relates
to an import or export licence or advance fixing certificate.
Article 6
The competent authority may waive the requirement of a
security where the party responsible for meeting the ob-
ligation 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.
Article 7
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 secur-
ity may be given by:
(a) providing a mortgage, and/or
(b) pledging cash deposits in a bank, and/or
(c) pledging recognized claims against a public body or
public funds, which are due and payable and against
which no other claim has precedence, 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, provided that their credit rating ranksequal with that of government bonds.
3. Member States may impose additional terms for ac-
cepting securities of the type listed in paragraph 2.2220/85
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4Article 9
The competent authority shall refuse to accept or shall re-
quire the replacement of any security which it considers
inadequate or unsatisfactory or which does not provide
cover for a sufficient period.
Article 10
1. (a) Assets mortgaged in accordance with Ar-
ticle 8 (2) (a) or securities or bonds pledged in ac-
cordance with Article 8 (2) (d) and (e) shall, at the
time the security is given, have a disposable value
of at least 115 % of the value of the security re-
quired.
(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 undertakes, in writing, either
to give an additional security or to replace the
original security should the disposable value of the
assets, securities or bonds in question have been
for a period of three months below 105 % of the
value of the security required. This written under-taking shall not be necessary where national law
already so provides. The competent authority shall
regularly review 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 competent 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 the original block security assigned at the
time of replacement to ensure fulfilment of one or more
obligations still outstanding.2220/85
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5Article 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 of the agricultural conversion rate
for the security entering into force on the date of the op-
erative event, the security is accepted on the basis of the
agricultural conversion rate in force the day before the
modification if the deficit amounts to less than ECU 20
expressed in national currency using the new agricultural
conversion rate.
3. An offer for which a tender security lodged showing a
deficit of ECU 20 or more owing to a modification as re-
ferred to in paragraph 2, shall be accepted as valid for the
quantity actually covered by that security, unless before themoment at which the offers are examined with a view to
deciding on the result of the tender, the tenderer under-
takes 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 in paragraph 2 of this Article.
Notwithstanding Article 5 (3), these provisions may also be
applied to the supplementing of securities for import or
export licence or advance fixing certificates.
Article 13
Where cash is deposited by transfer it shall not be re-
garded as establishing a security until the competent auth-
o r i t yi ss a t i s f i e dt h a ti th a st h ea m o u n ta ti t sd i s p o s a l .
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 until the 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 author-
ity 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.3403/93
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6Article 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 provi-
sions of the T reaty concerning freedom to supply services,
must be approved by the competent authority of the
Member State in which the security is given. The guaran-
tor 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 obligation against whose fulfilment it guar-
antees the payment of a sum of money;
(b) the maximum liability to pay that the guarantor ac-
cepts;
(c) that the guarantor undertakes jointly and severally with
the party responsible for meeting the obligation to pay,
within 30 days of demand by the competent authority,
any sum, within the limit of the guarantee, due once a
security is declared forfeit.
3. The competent authority may accept a written tele-
communication sent by the guarantor as constituting a
written guarantee. If the competent authority does so ac-
cept, 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 pro-
cedure to be followed by which all or part of the block
guarantee shall be allocated to a a particular obligation.
Article 17
As soon as part of a block security is assigned to a particu-
lar obligation, 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 pro-
vides that a sum may be advanced before the obliga-
tion has been met;
— shall apply to advance payments made under Regula-
tion (EEC) No 565/80 (1).
(1) OJ No L 62, 7. 3. 1980, p. 5.2220/85
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7Article 19
1. The security shall be released when:
(a) final entitlement to the sum granted as advance has
been established 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 tothe sum granted has passed without production of evidence
of entitlement, the competent authority shall immediately
follow the procedure in Article 29.
The deadline may be postponed in a case of force majeure.
However, where Community legislation so provides, evi-
dence may still be produced after that date against partial
repayment of the security.
3. If the force majeure provisions in Community legisla-
tion 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 re-
ceived by the party concerned that circumstances indi-
c a t i n gap o s s i b l ec a s eo f 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 competent authority issues a request for re-
payment.
If the conditions laid down at (a) and (b) are not re-
spected, the terms of repayment shall be the same as if
circumstances of force majeure had not occurred.
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 sub-
ordinate 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.2220/85
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85. 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 ofthe sum secured” shall mean the part of the sum secured
corresponding to the quantity for which a requirement has
been breached.
Article 21
O n c et h ee v i d e n c el a i dd o w nb yt h es p e c i f i cR e g u l a t i o n
has been furnished that all primary, secondary and sub-
ordinate requirements have been 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 the production of that evi-
dence unless force majeure prevented production of such
evidence within that time limit. The procedure in Ar-
ticle 29 for recovering the sum forfeited shall immediately
be followed.
3. Where evidence that all primary requirements havebeen 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 cir-
cumstances where the relevant secondary requirement has
not been met, the sum to be repaid shall be the sum that
would have been repayable under Article 23 (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 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 re-
quirements have been met, in circumstances where a sec-ondary requirement has been breached, a partial release of
the security shall be made and the rest of the sum secured
forfeited. The procedure in Article 29 for recovering the
sum forfeited shall be followed.2220/85
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92. 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
1 5%f o re a c hd a yb yw h i c h :
— 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
1 5%f o re a c hd a yb yw h i c h :
— 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
1 5%f o re a c hd a yb yw h i c h :
— 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 ap-
plying for, or using, import and export licences and ad-
vance fixing certificates, or to periods 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 re-quirement have been breached, Articles 23 and 24 shall
apply and the total sum to be forfeit shall be the sum for-
feit in accordance with Article 23 plus 15 % of the rel-
evant part of the sum secured.2220/85
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10Article 26
The total sum forfeited shall not exceed 100 % of the rel-
evant 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 specified in the Regulation re-
quiring the security.
Where the particular Community rules do not specify a
minimum quantity, the competent authority may itself re-
strict the number of partial 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 compet-
ent 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 evi-
dence 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 circum-
stances giving rise to forfeiture of the security, in whole or
in part, it shall without delay demand the party required to
meet the obligation to pay the sum forfeited, allowing up
to 30 days from the day of receipt of demand for payment.2220/85
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1181/87—deleted
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11Where payment has not been made at the end of this
period, the competent authority shall:
( a )w i t h o u td e l a yc l e a ra n ys e c u r i t yo ft h et y p ed e s c r i b e d
in Article 8 (1) (a) to the appropriate account;
(b) without delay require the guarantor described in Ar-
ticle 8 (1) (b) to pay, allowing up to 30 days from the
day of receipt of demand for payment;
(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 se-
curity of the type described in Article 8 (1) (a) to the ap-
propriate account without first requiring the person con-
cerned to effect payment.
2. The competent authority may waive the forfeiture of
an amount less than ECU 20, provided that similar nation-
al provisions for comparable cases are laid down by law,
regulation or administrative action.
3. Without prejudice to paragraph 1, where the decision
to forfeit a security is taken but on appeal is subsequently
postponed in accordance with national law, the party con-
cerned 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 of the sum actually forfeited.
The rate of interest applicable is calculated according to
the provisions of national law, but shall in no case be
lower than the interest rate applicable 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 provi-
sions of Council Regulation (EEC) No 352/78 (1).
Member States may claim periodically a supplementation
of the security in respect of the interest involved.
(1) OJ No L 50, 22. 2. 1978, p. 1.3403/93
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12Where a security has been forfeited and the amount al-
ready credited to the EAGGF and, following the outcome
of an appeal procedure, the sum forfeited in whole or in
part, including interest at a rate in accordance with nation-
al law, is to be repaid, the sum to be repaid shall be borne
by the EAGGF unless the repayment of the security is at-
tributable to the negligence or serious mistake of adminis-
trative authorities or 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 corresponding Articles of the other Regulations on
the common organization of markets, provide for a deroga-
tion from the foregoing provisions.
TITLE VII
Communications
Article 31
1. The Member States shall send to the Commission by
31 July for the period covered by the previous year the
total number and sum of securities forfeited, whatever
stage of the procedure in Article 29 has been reached, dis-
tinguishing in either case between those credited to theMember State and those credited to the Commission.
2. The information referred to in paragraph 1 shall be
provided in relation to each Community provision requir-
ing that a security be given.
3. No information shall be provided in relation to secu-
rities of a value of 1 000 ECU or less.
4. Information shall cover both sums paid directly by the
interested party and sums recovered by realizing a security.
5. The Commission shall transmit to the Member States
a summary of the information provided under this Article.
Article 32
1. Member States shall notify the Commission of the
types of institution authorized to act as guarantors and of
the requirements set. Changes in the types of institution
authorized and of the requirements set shall also be noti-
fied. The Commission shall in turn inform the other
Member States.
2. Member States whose competent authorities make use
of Article 8 (2) shall notify the Commission of the types of
security accepted under these provisions and of the re-
quirements set.3403/93
2220/85
2220/85 - - - I
13Article 33
This Regulation shall enter into force on 1 March 1986.
It shall apply to securities given on or after that date and
to block securities which are used on or after the date to
ensure that one or more individual obligations are met.
At the request of the party concerned it shall apply to
securities given before that date which have not been re-
leased or forfeited.2220/85