Commission Regulation (EC) No 2761/1999 of 22 December 1999 amending Regulation (EC) No 296/96 on data to be forwarded by the Member States and the monthly booking of expenditure financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and repealing Regulation (EEC) No 2776/88
Date: 1999-12-22
Institutions: European Commission
Subjects: EAGGF Guarantee Section, agricultural expenditure, exchange of information

23. 12. 1999

EN

Official Journal of the European Communities

L 331/57

COMMISSION REGULATION (EC) No 2761/1999

of 22 December 1999

amending Regulation (EC) No 296/96 on data to be forwarded by the Member States and the
monthly booking of expenditure financed under the Guarantee Section of the European Agricul-
tural Guidance and Guarantee Fund (EAGGF) and repealing Regulation (EEC) No 2776/88

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(3)

Having regard to Council Regulation (EC) No 1258/1999 of 17
May 1999 on the financing of
the common agricultural
policy (1), and in particular Articles 4 and S thereof,

Having regard to Council Regulation (EC) No 1259/1999 of 17
May 1999 establishing common rules for direct support
schemes under the common agricultural policy (2), and in
particular Article 11 thereof,

Whereas:

(1)

(2)

Section of

when presenting the documents for the booking against
the Community budget of expenditure incurred in May
and November as provided for
in Article 3(5) of
Commission Regulation (EC) No 296/96 of 16 February
1996 on data to be forwarded by the Member States and
the monthly booking of expenditure financed under the
Guarantee
European Agricultural
the
Guidance and Guarantee Fund (EAGGF) and repealing
Regulation (EEC) No 2776/88 (3), as last amended by
Regulation (EC) No 2236/98 (4),
the Member States
should enclose a table comprising an extract from the
debtors ledger and showing the total of all debts identi-
fied but not yet recovered under the EAGGF Guarantee
Section. Also, when presenting the documents, for the
booking against the Community budget of expenditure
incurred in April and October as provided for in Article
3(5) of Regulation (EC) No 296/96, the Member States
should enclose tables showing the amounts withheld
pursuant to Articles 3 and 4 of Regulation (EC) No
1259/1999 and the use made of
those amounts in
accordance with Article 5(2) of the latter Regulation;

the Commission, in accordance with the provision laid
down in Article 37(2) of Commission Regulation (EC)
No 1750/1999 of 23 July 1999 laying down detailed
rules for the application of Council Regulation (EC) No
1257/1999 on support for rural development from the
European Agricultural Guidance and Guarantee Fund
(EAGGF) (5), having
States
concerned,
suspend temporarily the monthly
advances relating to expenditure incurred in accordance
with Regulation (EC) No 1750/1999, if the documents

informed the Member

shall

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 160, 26.6.1999, p. 113.
(3) OJ L 39, 17.2.1996, p. 5.
(4) OJ L 281, 17.10.1998, p. 9.
(5) OJ L 214, 13.8.1999, p. 31.

provided for in Article 37(1) of that Regulation are not
received by 30 September each year;

Member States can allocate the amounts released by
reductions in payments, effected on the basis of Articles
3 and 4 of Regulation (EC) No 1259/1999, to certain
additional rural development measures, as provided for
in Article 5(2) of that Regulation. The amounts thus
withheld must be used by the end of the third financial
year following that in which they are withheld. Amounts
not used by the end of that period are to be recovered
by reducing the last advance of the financial year. The
necessary provisions to this effect should be added to
Regulation (EC) No 296/96 and its title should be
adapted to take account of this new Regulation;

(4)

the EAGGF Committee and the joint management
committees provided for in Article 11 of Regulation (EC)
No 1259/1999 did not deliver an opinion within the
time limit set by their Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 296/96 is hereby amended as follows:

1. The title is replaced by the following text:

‘Commission
Regulation (EC) No 296/96 of 16 February 1996 on data to
be transmitted by the Member States and the monthly
booking of expenditure financed under
the Guarantee
Section of the European Agricultural Guidance and Guar-
antee Fund (EAGGF), and laying down certain detailed rules
of application for Council Regulation (EC) No 1259/1999’.

2. The following paragraph is added to Article 3:

‘6a.
Twice a year, when presenting the documents as
referred to in paragraph 5 for the booking against the
Community budget of expenditure incurred,
in May and
November for the table referred to under point (a) and, in
April and October for the tables referred to under point (b),
Member States shall enclose:

(a) a table comprising an extract from the debtors ledger
and showing the total of all debts identified but not yet
recovered at the end of April and at the end of the
financial year
the EAGGF Guarantee
Section;

in respect of

L 331/58

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Official Journal of the European Communities

23. 12. 1999

(b) tables showing the situation, at the end of April and at
the end of
the financial year, of amounts withheld
pursuant to Articles 3 and 4 of Regulation (EC) No
1259/1999 and the use made of those amounts in
accordance with Article 5(2) of that Regulation.’

3. The following paragraph is added to Article 4:

‘6. Where the documents referred to in Article 37(1) of
Regulation (EC) No 1750/1999 are not received by the
Commission by 30 September each year, the Commission
shall, after notifying the Member State concerned, suspend
payment of the advance relating to expenditure incurred in
accordance with that Regulation for the month of August.

Where those documents are received from 1 to 15 October,
payment of the advance referred to in the previous subpara-
graph shall be deferred by the same number of days as the
documents are received late.

Where the documents are received after 15 October,
payment of the advances relating to expenditure incurred in
accordance with Regulation (EC) No 1750/1999 for the
months of August, September and October
shall be
suspended until the advance relating to the expenditure of
the month of February of the following year.

These suspended amounts shall be covered by a global
commitment in respect of the financial year of suspension.’

4. Article 6 is replaced by the following:

‘Article 6

1.
Amounts withheld in accordance with Articles 3 and
4 of Regulation (EC) No 1259/1999 shall be used by the
end of the third financial year following that during which
they are withheld for the payment of additional Community
support measures in accordance with Article 5(2) of that
Regulation.

Amounts withheld and not paid pursuant to para-
2.
graph 1 shall be deducted from the advances related to the
expenditure of October of the financial year concerned.’

5. The following point is added to the first subparagraph of

Article 7(1):

‘(c) expenditure to be declared shall not take account of the
reductions made pursuant to Articles 3 and 4 of Regula-
tion (EC) No 1259/1999.’

6. In Article 8, the term ‘Article 3(6)’ is replaced by Article 3(6)

and (6a).

Article 2

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

It shall apply to expenditure incurred from 1 January 2000.

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

Done at Brussels, 22 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission