Proposal for a Council Regulation amending Regulation (EEC) No 4045/89 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund
Date: 2001-11-13
Institutions: European Commission
Subjects: EAGGF Guarantee Section, State aid, administrative check, control of State aid, disclosure of information

C 51 E/366

EN

Official Journal of the European Communities

26.2.2002

Proposal for a Council Regulation amending Regulation (EEC) No 4045/89 on scrutiny by Member
States of transactions forming part of the system of financing by the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund

(2002/C 51 E/25)

COM(2001) 663 final (cid:151) 2001/0264(CNS)

(Submitted by the Commission on 13 November 2001)

THE COUNCIL OF THE EUROPEAN UNION,

(b) in the fourth subparagraph,

(cid:145)ECU 300 000(cid:146) is replaced

by (cid:145)EUR 350 000(cid:146);

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

Having regard to the proposal from the Commission,

(c)

in the fifth subparagraph,
(cid:145)EUR 40 000(cid:146);

(cid:145)ECU 30 000(cid:146) is replaced by

Having regard to the opinion of the European Parliament,

2. Article 7 is amended as follows:

Whereas:

(1) The rules for the selection of undertakings to be scrutinised
as laid down in Article 2 of Council Regulation (EEC)
No 4045/89 (1), as
last amended by Regulation (EC)
No 3235/94 (2), should be modified to take account of
developments in the use of risk analysis techniques in
to take account of
in order
other control measures,
inflation since the last amendment
to Regulation (EEC)
No 4045/89, and to give Member States greater flexibility
in the selection of undertakings.

(a)

In paragraph 1, the following subparagraph is added:

(cid:145)Where two or more Member States include in the
programme sent in under Article 10(1) a proposal for
joint action involving extensive mutual assistance, the
Commission may, on request, allow a reduction of up
to a maximum of 25 % of the minimum number of
scrutinies as determined under Article 2(2)
the
Member States concerned.(cid:146)

for

(2) Provision should be made for cases where Member States
carry out joint actions involving mutual assistance between
Member States.

(b) In paragraph 2, the last sentence is replaced by the

following:

(3) The provisions relating to the communication of requests
for mutual assistance under Article 7 of Regulation (EEC)
No 4045/89 should be simplified.

(4) The provisions dealing with the financial participation of
the Community in Member States’ expenditure resulting
from the application of Regulation (EEC) No 4045/89
have become obsolete and should be deleted.

(5) Regulation (EEC) No 4045/89 should therefore be amended

accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 4045/89 is amended as follows:

1. Article 2(2) is amended as follows:

(a)

in the first subparagraph, (cid:145)ECU 100 000(cid:146) is replaced by
(cid:145)EUR 150 000(cid:146);

(1) OJ L 388, 30.12.1989, p. 18.
(2) OJ L 338, 28.12.1994, p. 16.

(cid:145)An overview of such requests shall be sent
to the
Commission on a quarterly basis, within one month
after the end of each quarter. The Commission may
demand that a copy of individual requests be provided.(cid:146)

(c) Paragraph 4 is replaced by the following:

If additional

(cid:145)4.
information is required in another
Member State as part of the scrutiny of an undertaking
in accordance with Article 2, and in particular cross-
checks in accordance with Article 3, specific scrutiny
requests may be made indicating the reasons for the
request. An overview of such specific requests shall be
sent to the Commission on a quarterly basis within one
month after the end of each quarter. The Commission
individual requests be
may demand that a copy of
provided.

The scrutiny request shall be met not later than six
months after its receipt;
the scrutiny
shall be communicated without delay to the requesting
Member State and to the Commission. The communi-
cation to the Commission shall be on a quarterly basis
within one month after the end of each quarter.(cid:146)

the results of

26.2.2002

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Official Journal of the European Communities

C 51 E/367

3. Articles 12, 13, 14, 15, 16, 16a, and 17 are deleted.

It shall apply with effect from the 2002/2003 scrutiny period.

Article 2

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

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