Commission Regulation (EC) No 1017/2001 of 17 May 2001 amending Regulation (EC) No 296/96 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 Guarantee Fund (EAGGF), and laying down certain detailed rules of application for Council Regulation (EC) No 1259/1999
Date: 2001-05-17
Institutions: European Commission
Subjects: EAGGF, agricultural guidance, aid to agriculture, budget policy, exchange of information

L 140/44

EN

Official Journal of the European Communities

24.5.2001

COMMISSION REGULATION (EC) No 1017/2001

of 17 May 2001

amending Regulation (EC) No 296/96 on data to be transmitted 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 laying down certain detailed rules of application
for Council Regulation (EC) No 1259/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 5 thereof,

Whereas:

(1)

(2)

schemes under

The Member States can devote the amounts released by
the reduction or cancellation of payments under Articles
3 and 4 of Council Regulation (EC) No 1259/1999 of
17 May 1999 establishing common rules for direct
support
common agricultural
policy (2) to certain measures to aid rural development as
provided for in Article 5(2) of that Regulation. In order
to ensure that the amounts thus made available are
properly managed and supervised and that they are used
in accordance with EAGGF Guarantee Section rules,
accounting rules must be laid down for them.

the

Article 1 of Commission Regulation (EC) No 963/2001
of 17 May 2001 on detailed rules for the application of
Council Regulation (EC) No 1259/1999 as regards the
additional Community support and the transmission of
information to the Commission (3) lays down that the
amounts withheld in accordance with Articles 3 and 4
of Regulation (EC) No 1259/1999 must be used for the
payment of additional Community support at the latest
by the end of the third financial year following that
during which they are withheld. Commission Regulation
(EC) No 296/96 (4), as last amended by Regulation (EC)
No 2785/2000 (5), should be adapted accordingly.

(3)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee for the
European Agricultural Guidance and Guarantee Fund,

HAS ADOPTED THIS REGULATION:

Article 1

Guarantee Section of the European Agricutural Guidance
and Guarantee Fund (EAGGF).’

2. The following paragraphs 2, 3, 4 and 5 are added to Article

2:

‘2.
Amounts withheld from the aid payments referred to
in Articles 3 and 4 of Regulation (EC) No 1259/1999 must
be credited to a special account opened for each paying
agency or to a special single account opened by each
Member State.

The book keeping must allow identification of the origin of
the credit in relation to the payment to the beneficiary of
the aid in question.

The Member States may redistribute the amounts so
3.
collected to other paying agencies, with a view to their
utilisation. These amounts shall be credited to the paying
agency's account as referred to in paragraph 2 or, where
applicable, to a separate account intended exclusively for
financing the additional Community support referred to in
Article 5(2) of Regulation (EC) No 1259/1999.

4. Where interest is earned by the unused funds, it shall
be added to the balance available at the end of each finan-
cial year. This interest shall be used by the Member States to
finance the additional Community support referred to in
Article 5(2) of Regulation (EC) No 1259/1999, or it shall be
deducted from the advances in accordance with Article 6 of
this Regulation.

5.
The paying agencies must keep accounts of expendi-
ture on the measures provided for in Article 5(2) of Regula-
tion (EC) No 1259/1999 that are separate from the
accounts of other expenditure on rural development. The
accounts must distinguish in respect of each payment
between the national
funding and the funding resulting
from the application of Articles 3 and 4 of Regulation (EC)
No 1259/1999.’

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

3. Article 6 is replaced by the following:

1. The title is replaced by the following:

‘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

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 160, 26.6.1999, p. 113.
(3) OJ L 136, 18.5.2001, p. 4.
(4) OJ L 39, 17.2.1996, p. 5.
(5) OJ L 323, 20.12.2000, p. 3.

‘Article 6

Amounts withheld in accordance with Articles 3 and 4 of
Regulation (EC) No 1259/1999 and the possible interest
thereon which have not been paid pursuant to Article 1 of
Regulation (EC) No 963/2001 shall be deducted from the
advances related to the expenditure of October of the finan-
cial year concerned.’

24.5.2001

EN

Official Journal of the European Communities

L 140/45

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

Article 2

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

Done at Brussels, 17 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission