Proposal for a Council Regulation amending Regulation (EC) No 1258/1999 on the financing of the common agricultural policy as well as various other regulations relating to the common agricultural policy
Date: 2000-07-26
Institutions: European Commission
Subjects: EAGGF Guarantee Section, EU financing, common agricultural policy, financial regulation

C 337 E/276

EN

Official Journal of the European Communities

28.11.2000

Proposal for a Council Regulation amending Regulation (EC) No 1258/1999 on the financing of the
common agricultural policy as well as various other Regulations relating to the common agri-
cultural policy

(2000/C 337 E/44)

COM(2000) 494 final (cid:15) 2000/0204(CNS)

(Submitted by the Commission on 28 July 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Court of Auditors,

Whereas:

clearance of accounts, for earmarked revenue as for expen-
diture financed by the Fund.

(7) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the
Commission (2), certain measures for the implementation of
Regulation (EC) No 1258/1999, should be adopted by use
of the advisory procedure provided for in Article 3 of that
Decision.

(8) Since other measures necessary for the implementation of
Regulation (EC) No 1258/1999 are management measures
within the meaning of Article 2 of Council Decision
1999/468/EC,
the
management procedure provided for in Article 4 of that
Decision,

they should be adopted by use of

(1) Negative expenditure has been recorded annually in various
the European Agricultural Guidance

budget headings of
and Guarantee Fund, Guarantee Section.

HAS ADOPTED THIS REGULATION:

Article 1

(2) In the context of recasting the Financial Regulation, it is
in future be
foreseen that
considered as 2earmarked revenue3. This amendment
is
neutral in budget terms while at the same time providing
the desired clarity.

2negative expenditure3 will

I. Regulation (EC) No 1258/1999 is hereby amended as

follows:

1. In Article 1, the following paragraph 2(a)

is added after

paragraph 2:

(3) Article 17 of the Financial Regulation of . . . provides for
two different categories of earmarked revenue: earmarked
revenue recognised as such in the Financial Regulation
itself and earmarked revenue recognised as
such in
specific Regulations.

to various agricultural Regulations,

(4) As the replacement of negative expenditure by earmarked
revenue solely affects the agricultural sector and requires
amendments
is
appropriate to introduce these earmarked revenues not in
the Financial Regulation of . . . but in the specific agri-
cultural Regulations, and notably in Regulation (EC) No
1258/1999 of 19 May 1999 on the financing of
the
common agricultural policy (1).

it

(5) In order to avoid compensation at Member State level
between expenditure of
the EAGGF, Guarantee Section,
and revenue earmarked to finance such expenditure, it is
necessary for
to be paid and used in the
framework of the common agricultural policy.

revenues

(6) It is essential and appropriate to use at Community level
including the decisions on the

the same control system,

22 (a) The following shall constitute earmarked revenue:

? all recoveries relating to expenditure financed by
the Guarantee Section of
the Fund under this
Regulation, and in particular those referred to in
Articles 7 and 8 of this Regulation as well as all
reductions and/or suspensions of
the monthly
advances,

? all other sums levied, collected or withheld from
the Member States and not provided for in Article
the Council Decision of 31 October
2(1)(a) of
1994 on the system of the European Communi-
ties’ own resources, provided they are defined in
the Community
the
legislation
common agricultural policy as earmarked revenue.

relating

to

They shall be used exclusively to finance expenditure
of the Guarantee Section of the Fund.

this Regulation shall apply to
Articles 4 to 10 of
earmarked revenue within the meaning of the first
subparagraph.3

(1) OJ L 160, 26.6.1999, p. 103.

(2) OJ L 184, 17.7.1999, p. 23.

28.11.2000

EN

Official Journal of the European Communities

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2. Article 7(1) is replaced by the following:

II. Regulation (EEC) No 3950/92 is hereby amended as

21.
The Commission shall adopt the decisions referred to
in paragraphs 2, 3 and 4 in accordance with the procedure
provided for in Article 14(3).3

3. The second subparagraph of Article 8(2) is replaced by the

following:

2The sums recovered and interest on the sums recovered or
paid late shall be deemed earmarked revenue within the
meaning of Article 1(2a) of this Regulation. They shall be
paid into the Fund to finance Guarantee Section expen-
diture.3

4. Articles 11 and 12 are deleted.

5. Article 13 is replaced by the following:

2Article 13

The Commission shall be assisted by a committee, the
1.
Committee for the European Agricultural Guidance and
Guarantee Fund (hereinafter called the AFund CommitteeB),
composed of representatives of
the Member States and
chaired by the representative of the Commission.

2. Where reference is made to this paragraph,
the
management procedure laid down in Article 4 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be one month.3

6. The introductory phrase of Article 14(1) is replaced by the

following:

follows:

Article 10 is replaced by the following:

2Article 10

The levy, and, where applicable, interest relating to it, shall
be earmarked revenue within the meaning of Article 1(2a)
of Regulation (EC) No 1258/1999. It shall be paid into the
Fund to finance Guarantee Section expenditure.3

III. Regulation (EEC) No 3492/90 is hereby amended as

follows:

Article 1(3) is replaced by the following:

23. Where an account shows a credit balance,
that
balance shall be deemed earmarked revenue within the
meaning of Article 1(2a) of Regulation (EC) No
1258/1999. It shall be paid into the EAGGF to finance
Guarantee Section expenditure.3

IV. Regulation (EEC) No 352/78 is hereby amended as

follows:

1. Article 2 is replaced by the following:

2Article 2

Any security as referred to in Article 1 which is forfeited
shall be deemed earmarked revenue within the meaning of
Article 1(2a) of Regulation (EC) No 1258/1999. It shall be
paid into the EAGGF to finance Guarantee Section expen-
diture.3

2. Article 3 is deleted.

2The Fund Committee shall be consulted in accordance with
the procedure provided for in paragraph 3:3

Article 2

7. The following paragraph 3 is added to Article 14:

23. Where reference is made to this paragraph,
the
advisory procedure laid down in Article 3 of Decision
1999/468/EC shall apply,
in accordance with Article 7(3)
thereof.3

8. Article 15 is deleted.

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

It shall apply from the financial year following its date of entry
into force.

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