Keywords

Summary



Keywords

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1 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION - SCOPE - DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF

( EEC TREATY, ART . 190 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR SKIMMED MILK PROCESSED INTO COMPOUND FEED AND SKIMMED-MILK POWDER INTENDED AS FEED FOR CALVES - SUPERVISION OF USE - DETAILED RULES - MANDATORY NATURE

( COMMISSION REGULATION NO 1725/79, ART . 10 ( 2 ) ( C ) )

3 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY THE EAGGF - PRINCIPLES - AID PAID IN BREACH OF THE COMMUNITY RULES - FAILURE TO COMPLY WITH THE FORMALITIES RELATING TO PROOF OR SUPERVISION - CHARGING OF EXPENDITURE TO THE EAGGF - NOT PERMISSIBLE

( REGULATION NO 729/70 OF THE COUNCIL, ARTS 2 AND 3 )

Summary

1 . THE EXTENT OF THE DUTY TO STATE THE REASONS ON WHICH A DECISION IS BASED, LAID DOWN IN ARTICLE 190 OF THE EEC TREATY, DEPENDS ON THE NATURE OF THE ACT IN QUESTION AND ON THE CONTEXT IN WHICH IT WAS ADOPTED .

A DECISION RELATING TO THE CLEARANCE OF THE ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF AND REFUSING TO CHARGE TO THE EAGGF A PROPORTION OF THE EXPENDITURE DECLARED DOES NOT REQUIRE A DETAILED STATEMENT OF REASONS WHERE THE GOVERNMENT CONCERNED HAS BEEN CLOSELY INVOLVED IN THE PROCESS OF DRAWING UP THE DECISION AND IS WELL AWARE, FROM A REPORT TO WHICH REFERENCE IS MADE AND WHICH HAS BEEN COMMUNICATED TO IT, OF THE REASON FOR WHICH THE COMMISSION CONSIDERS THAT IT SHOULD NOT CHARGE THE CONTESTED AMOUNT TO THE EAGGF .

2 . IT IS ABSOLUTELY NECESSARY, FOR THE SAKE OF EFFECTIVENESS, FOR THE SUPERVISION WHICH THE MEMBER STATES MUST EXERCISE OVER UNDERTAKINGS UNDER THE SYSTEM OF AID FOR SKIMMED MILK PROCESSED INTO COMPOUND FEED AND SKIMMED-MILK POWDER INTENDED AS FEED FOR CALVES, PROVIDED FOR BY ARTICLE 10 OF REGULATION NO 1725/79, TO BE EXERCISED BY MEANS OF BOTH INSPECTIONS OF THE MANUFACTURING PROCESS ON THE PREMISES AND SCRUTINY OF COMMERCIAL DOCUMENTS AND OF THE SPECIFIC ACCOUNTS .

IN THE CASE OF A REGULATION WHICH SHOULD BE APPLIED UNIFORMLY IN ALL THE MEMBER STATES AND SHOULD, AS FAR AS IS POSSIBLE, HAVE THE SAME EFFECT THROUGHOUT THE TERRITORY OF THE COMMUNITY, A MEMBER STATE CANNOT SUBSTITUTE SCRUTINY EX POST FACTO FOR THE SYSTEM OF SUPERVISION PROVIDED FOR BY THAT REGULATION .

3 . WHERE COMMUNITY RULES AUTHORIZE PAYMENT OF AID ONLY ON CONDITION THAT CERTAIN FORMALITIES RELATING TO PROOF OR SUPERVISION ARE OBSERVED, AID PAID IN DISREGARD OF THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE EXPENDITURE INCURRED THEREIN MAY NOT THEREFORE BE CHARGED TO THE EAGGF, EVEN IF IT WERE ESTABLISHED THAT NO SUBSTANTIVE IRREGULARITY HAS BEEN COMMITTED .

THE PROVISIONS OF ARTICLES 2 AND 3 OF REGULATION NO 729/70 PERMIT THE COMMISSION TO CHARGE TO THE EAGGF ONLY SUMS PAID IN ACCORDANCE WITH THE RULES LAID DOWN IN THE VARIOUS SECTORS OF AGRICULTURAL PRODUCTION WHILE LEAVING THE MEMBER STATES TO BEAR THE BURDEN OF ANY OTHER SUM PAID, AND IN PARTICULAR ANY AMOUNTS WHICH THE NATIONAL AUTHORITIES WRONGLY BELIEVED THEMSELVES AUTHORIZED TO PAY IN THE CONTEXT OF THE COMMON ORGANIZATION OF THE MARKETS .