1999/350/EC: Commission Decision of 4 May 1999 excluding from Community financing certain expenditure incurred by the United Kingdom under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (notified under document number C(1999) 1076) (Only the English text is authentic)
Date: 1999-05-04
Institutions: European Commission
Subjects: EAGGF Guarantee Section, EU financing, United Kingdom, agricultural expenditure, terms for aid, use of aid

L 133/60

EN

Official Journal of the European Communities

28. 5. 1999

COMMISSION DECISION

of 4 May 1999

excluding from Community financing certain expenditure incurred by the
United Kingdom under the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF)

(notified under document number C(1999) 1076)

(Only the English text is authentic)

(1999/350/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 729/70 of
21 April 1970 on the financing of the common agricul-
tural policy (1), as last amended by Regulation (EC) No
1287/95 (2), and in particular Article 5(2)(c) thereof,

After consulting the Fund Committee,

(1) Whereas, under Article 5(2)(c) of Regulation (EEC)
No 729/70, the Commission, after consulting the
Fund Committee, decides on the expenditure to be
excluded from Community financing where it
establishes that it has not been effected according
to Community rules;

(2) Whereas, under Article 5(2)(c) of Regulation (EEC)
No 729/70 and Article 8(1) and (2) of Regulation
(EC) No 1663/95 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 (3), as
last amended by Regulation (EC) No 896/97 (4), the
Commission has made the necessary inspections,
notified its findings to the United Kingdom, taken
note of the latter’s comments,
initiated bilateral
discussions in an effort to come to an agreement
with the United Kingdom and formally communi-
cated its findings to it, referring to Commission
Decision 94/442/EC setting up a conciliation
procedure in the context of the clearance of the
accounts of the European Agricultural Guidance
and Guarantee
(EAGGF) Guarantee
Section (5);

Fund

(3) Whereas the Member State made a request

conciliation; whereas
completion of
examined by the Commission;

for
the report delivered on
the conciliation procedure was

(1) OJ L 94, 28.4.1970, p. 13.
(2) OJ L 125, 8.6.1995, p. 1.
(3) OJ L 158, 8.7.1995, p. 6.
(4) OJ L 128, 21.5.1997, p. 8.
(5) OJ L 182, 16.7.1994, p. 45.

(4) Whereas, under Articles 2 and 3 of Regulation
(EEC) No 729/70, financing may be provided only
for export refunds on products exported to third
countries and action designed to stabilise the agri-
cultural markets, granted or undertaken respec-
tively in accordance with the Community rules on
the
agricultural
markets;

common organisation of

the

(5) Whereas, in the light of the inspections carried out,
the outcome of the bilateral discussions and the
conciliation procedure, part of
the expenditure
declared by the United Kingdom does not fulfil
these requirements and cannot be financed under
the EAGGF Guarantee Section;

(6) Whereas the amount found not to be chargeable to
the EAGGF Guarantee Section is shown in this
Decision; whereas it does not concern expenditure
incurred prior to the 24-month period preceding
the Commission’s written notification to the
United Kingdom of the findings of the inspections;

the amount

(7) Whereas, in the case covered by this Decision, the
to be excluded from
evaluation of
Community financing on grounds of non-compli-
ance with the Community rules was communicated
by the Commission to the Member States in the
Summary Report on the enquiry into the applica-
tion of the ‘Over Thirty Month Scheme' in the
United Kingdom;

(8) Whereas this Decision is without prejudice to any
financial consequences which may be
further
applied at a later stage to expenditure declared in
relation to the ‘Over Thirty Month Scheme' in view
the reserve stated in the above mentioned
of
the delay in
Summary Report and in view of
destruction of material;

(9) Whereas this Decision is without prejudice to any
financial consequences drawn by the Commission
from judgements of the Court of Justice in cases
pending on the date of this Decision and relating
to matters covered by this Decision,

28. 5. 1999

EN

Official Journal of the European Communities

L 133/61

HAS ADOPTED THIS DECISION:

Article 2

Article 1

Done at Brussels, 4 May 1999.

This Decision is addressed to the United Kingdom.

The expenditure declared by the United Kingdom under
the EAGGF Guarantee Section, amounting to UK pounds
22 807 424,
from
Community financing, for failure to comply with the
Community rules.

this Decision

excluded

by

is

For the Commission

Franz FISCHLER

Member of the Commission