Commission Regulation (EC) No 1890/98 of 3 September 1998 amending Regulation (EC) No 1780/97 laying down detailed rules for the application of Council Regulation (EC) No 723/97 on the implementation of Member States' action programmes on control of EAGGF Guarantee Section expenditure
Date: 1998-09-03
Institutions: European Commission
Subjects: Community budget, EAGGF Guarantee Section, EU Member State, action programme, agricultural expenditure, aid to agriculture

L 245/28

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Official Journal of the European Communities

4. 9. 98

COMMISSION REGULATION (EC) No 1890/98

of 3 September 1998

amending Regulation (EC) No 1780/97 laying down detailed rules for the applica-
tion of Council Regulation (EC) No 723/97 on the implementation of Member
States’ action programmes on control of EAGGF Guarantee Section expenditure

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 723/97 of
22 April 1997 on the implementation of Member States’
action programmes on control of EAGGF Guarantee
Section expenditure (1), and in particular Article 6 thereof,

Whereas Articles 2 and 3 of Commission Regulation (EC)
No 1780/97 (2) laying down detailed rules for the applica-
tion of Regulation (EC) No 723/97 lay down, inter alia,
the method of and deadlines
the
Community financial contribution to the Member States;
whereas the method used providing for one single annual
payment encompassing any unused amount set for the
previous year and the advance on the following year has
proved difficult to apply in practice, nor does it take
account of the appropriations authorised by the budget
authority for the following year;

for payment of

Whereas, in order to improve administration of the meas-
ures, the advances to be paid to the Member States under
Article 7 of Commission Regulation (EC) No 296/96 (3),
as last amended by Regulation (EC) No 1391/97 (4) may
not be deducted from the amounts not used in the
previous year but in the year before that, and whereas the
maximum amount of the Community financial contribu-
tion may not be set before the appropriations have been
authorised by the budget authority;

Whereas the measures provided for in this Regulation are
the EAGGF
in accordance with the opinion of
Committee,

HAS ADOPTED THIS REGULATION:

Article 1

force of this Regulation. Only expenditure committed
after 1 January 1997 shall be eligible for part-financing
by the Community. For
subsequent years, action
programmes shall be submitted in accordance with the
procedure laid down in Article 2(1) and (2) of the
aforementioned Regulation.

Estimates shall be drawn up in accordance with the
table in the Annex.

2.
The Commission shall, on the basis of the infor-
mation provided by the Member States, set, in each
Member State’s national currency,
the maximum
amount of the Community financial contribution in
the month following that in which the general budget
of the European Communities for the financial year in
question is adopted.

The Commission shall inform the Member State in
question of any expenditure which is not accepted for
Community financing, and of the reasons therefor.

3. Not later than 31 May each year, each Member
State shall present the Commission with a statement of
the amounts paid out during the previous calendar
year. The maximum amount of the Community finan-
cial contribution set as provided for in Article 4(2) of
the abovementioned Regulation shall apply to this
expenditure, limited to the amounts presented in the
action programmes and not considered ineligible by
the Commission. However, for 1997, the final date for
implementation of expenditure shall be 31 August
1998, and the statement of amounts paid out shall be
sent to the Commission to reach it by 31 October
1998.

This statement shall be drawn up in accordance with
the table in the Annex.'

Regulation (EC) No 1780/97 is hereby amended as
follows:

2. Article 3 is replaced by the following:

1. Article 2(1),

(2) and (3) is replaced by the following:

‘Article 3

States

action
shall
‘1. Member
programmes for the first and second year of applica-
tion of Regulation (EC) No 723/97 before the end of
the second month following the date of entry into

submit

their

(1) OJ L 108, 25. 4. 1997, p. 6.
(2) OJ L 252, 16. 9. 1997, p. 20.
(3) OJ L 39, 17. 2. 1996, p. 5.
(4) OJ L 190, 19. 7. 1997, p. 20.

The maximum amount set as provided for in Article
4(2) of Regulation (EC) No 723/97, as reduced by any
unused amount paid in respect of the previous year but
one, shall be deemed to be expenditure as referred to
in Article 7 of Commission Regulation (EC) No 296/
96 under the month in which it is set by the Commis-
sion.'

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Official Journal of the European Communities

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3. The following Article 3a is added:

‘Article 3a

4. The word ‘incurred' in point 5 of the Annex to this

Regulation is replaced by the word ‘paid'.

For the last two years of application of this regulation,
the unused amount shall be credited to the appropriate
budget heading of the EAGGF under expenditure for
June of the financial year following the year of imple-
mentation.'

Article 2

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 3 September 1998.

For the Commission

Franz FISCHLER

Member of the Commission