2000/448/EC: Commission Decision of 5 July 2000 amending Decision 1999/187/EC on the clearance of the accounts presented by the Member States in respect of the expenditure for 1995 of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (notified under document number C(2000) 1813) (Only the French and Dutch texts are authentic)
Date: 2000-07-05
Institutions: European Commission
Subjects: Belgium, EAGGF Guarantee Section, agricultural expenditure, budgetary control, closing of accounts, financial year

L 180/46

EN

Official Journal of the European Communities

19.7.2000

COMMISSION DECISION

of 5 July 2000

amending Decision 1999/187/EC on the clearance of the accounts presented by the Member States
in respect of the expenditure for 1995 of the Guarantee Section of the European Agricultural
Guidance and Guarantee Fund (EAGGF)

(notified under document number C(2000) 1813)

(Only the French and Dutch texts are authentic)

(2000/448/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(2)

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

After consulting the Committee of the European Agricultural
Guidance and Guarantee Fund,

Whereas:

(1)

is necessary that

Before the Commission determines a financial correction
within the framework of a decision on the clearance of
accounts, the Member State must be able, if it wishes, to
seek recourse to the conciliation procedure established
by Decision 94/442/EC of 1 July 1994 setting up a
conciliation procedure in the context of the clearance of
the accounts of the European Agricultural Guidance and
Guarantee Fund (EAGGF) Guarantee Section (3). In that
case it
the Commission should
examine, prior to its decision, the report drawn up by
the conciliation body. The time limits laid down for that
procedure had not expired, for all the eligible correc-
tions, on the date of adoption of Commission Decision
2000/197/EC amending Decision 1999/187/EC on the
clearance of
the accounts presented by the Member
States in respect of the expenditure for 1995 of the
Guarantee
European Agricultural
the
Guidance and Guarantee Fund (EAGGF) (4), which has
amended Decision 1999/187/EC of 3 February 1999 on
the clearance of the accounts presented by the Member
States in respect of the expenditure for 1995 of the
European Agricultural
the
Guarantee
Guidance and Guarantee Fund (EAGGF) (5). Decisions
1999/596/EC and 2000/197/EC did not cover the corre-
sponding amounts of expenditure declared by the
Member States concerned in respect of 1995. The conci-
the
liation procedure has been completed for all of

Section of

Section of

(1) OJ L 94, 28.4.1970, p. 13.
(2) OJ L 125, 8.6.1995, p. 1.
(3) OJ L 182, 16.7.1994, p. 45.
(4) OJ L 61, 8.3.2000, p. 15.
(5) OJ L 61, 10.3.1999, p. 37.

financial corrections concerned. As a result, the expendi-
ture relating thereto should be cleared by this Decision.

Article 8 of Regulation (EEC) No 729/70 provides that
the financial consequences arising from irregularities or
negligence are not to be borne by the Community if
they are the result of irregularities or negligence attribut-
able to administrative authorities or other bodies of the
Member States. Some of those financial consequences
which cannot be borne by the Community budget
should be included within the scope of this Decision.

(3)

(4)

This Decision is without prejudice to any financial
consequences which may be determined in any subse-
quent clearance of accounts in respect of State aid or
infringements for which the procedures initiated under
Articles 88 and 226 of the Treaty are now in progress or
were terminated after 15 May 2000.

This Decision is without prejudice to any financial
consequences drawn by the Commission, during a
subsequent accounts clearance procedure, from current
investigations under way at the time of this Decision,
from irregularities within the meaning of Article 8 of
Regulation (EEC) No 729/70 or from judgments of the
Court of Justice in cases pending on 15 May 2000 and
relating to matters covered by this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The sections of the Annex to Decision 1999/187/EC relating to
Belgium are replaced by the Annex to this Decision.

Article 2

The additional amount of BEF 50 763 827 arising under point
3 of the Annex and chargeable by virtue of this Decision are to
be taken into account as part of the expenditure referred to in
Article 4(1) of Commission Regulation (EC) No 296/96 for the
month of July 2000.

19.7.2000

EN

Official Journal of the European Communities

L 180/47

This Decision is addressed to the Kingdom of Belgium.

Article 3

Done at Brussels, 5 July 2000.

For the Commission

Franz FISCHLER

Member of the Commission

L 180/48

EN

Official Journal of the European Communities

19.7.2000

ANNEX

BELGIUM

EAGGF Guarantee Section expenditure
Financial year: 1995

(BEF)

1. Expenditure recognised

(a) Expenditure declared by the Member State in respect of the present clearance

63 014 113 747

(b) Expenditure declared during the preceding year but excluded from that clearance

44 488 205

(c) Expenditure declared, excluded from the present clearance

(d) Expenditure declared, which is already subject to a clearance decision

0

0

(e) Expenditure declared, coming under the present clearance (a + b + c + d)

63 058 601 952

(f) Expenditure disallowed

(g) Total expenditure recognised (e + f)

2. Expenditure charged

– 77 330 734

62 981 271 218

(a) Expenditure charged in respect of the present year

62 964 705 972

(b) Expenditure charged in respect of the preceding year, but excluded from that

44 488 205

clearance

(c) Expenditure charged in respect of the present year, but excluded from the present

clearance

(d) Expenditure charged in respect of the present year, which is already subject to a

clearance decision

(e) Expenditure charged to a later financial year

0

0

0

(f) Total expenditure charged, coming under the present clearance

63 009 194 177

(a + b + c + d + e)

3. Expenditure chargeable to or payable to the Member State following clearance

27 922 959

of the accounts (2f – 1g)