Commission Regulation (EC) No 419/2002 of 6 March 2002 amending Regulation (EC) No 2390/1999 laying down detailed rules for the application of Regulation (EC) No 1663/95 as regards the form and content of the accounting information that the Member States must hold at the disposal of the Commission for the purposes of the clearance of the EAGGF Guarantee Section accounts
Date: 2002-03-06
Institutions: European Commission
Subjects: EAGGF Guarantee Section, EU Member State, European Commission, closing of accounts, exchange of information, farm accountancy data network

L 64/8

EN

Official Journal of the European Communities

7.3.2002

COMMISSION REGULATION (EC) No 419/2002

of 6 March 2002

amending Regulation (EC) No 2390/1999 laying down detailed rules for the application of Regula-
tion (EC) No 1663/95 as regards the form and content of the accounting information that the
Member States must hold at the disposal of the Commission for the purposes of the clearance of
the EAGGF Guarantee Section accounts

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 Article 4(8) thereof,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organization of the market in
cereals (2), as last amended by Regulation (EC) No 1666/
2000 (3), and in particular Article 21 thereof, and to the corre-
sponding provisions of the other Regulations on the common
organization of markets in agricultural products,

Whereas:

(1)

(2)

the clearance of

Article 4(2) of Commission Regulation (EC) No 1663/95
of 7 July 1995 laying down detailed rules for the
application of Council Regulation (EEC) No 729/70
regarding the procedure for
the
accounts of the EAGGF Guarantee Section (4), as last
amended by Regulation (EC) No 2025/2001 (5), requires
the accounting information referred to in Article 4(1)(c)
thereof to be sent to the Commission by 10 February of
the year
the financial year
concerned. Commission Regulation (EC) No 2390/
1999 (6), as last amended by Regulation (EC) No 1863/
2001 (7),
the
accounting information that the Member States must
hold at the disposal of the Commission for the purposes
of
the EAGGF Guarantee Section
accounts. It is necessary to amend Regulation (EC) No
2390/1999 in order to align it to Regulation (EC) No
1663/95.

lays down the form and content of

following the end of

the clearance of

In order to allow the Commission to fulfil its role in the
framework of the common agricultural policy, it must
be in a position to monitor developments in the markets
in agricultural products and to make financial forecasts
relating to these markets. The common organisations of
markets in agricultural products include a general obli-
gation for Member States and the Commission to
exchange the information necessary for the proper func-
tioning of those organisations. For the monitoring and

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 181, 1.7.1992, p. 21.
(3) OJ L 193, 29.7.2000, p. 1.
(4) OJ L 158, 8.7.1995, p. 6.
(5) OJ L 274, 17.10.2001, p. 3.
(6) OJ L 295, 16.11.1999, p. 1.
(7) OJ L 259, 27.9.2001, p. 1.

forecasting purposes it should be possible for use being
made of
the accounting information provided by
Member States to the Commission under Article 4(2) of
Regulation (EC) No 1663/95. Therefore, and without
prejudice to the obligations on information exchange
under the common organisations of markets, Regulation
(EC) No 2390/1999 should be amended to allow for
such use of the accounting information.

(3)

The protection of
individuals with regard to the
processing of personal data is governed by Regulation
(EC) No 45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of
individuals with regard to the processing of personal
data by the Community institutions and bodies on the
free movement of such data (8). This Regulation is fully
applicable in the context of Regulation (EC) No 2390/
1999. Therefore, when making use of the accounting
information referred to in Article 4(1)(c) of Regulation
(EC) No 1663/95 for monitoring and forecast purposes
in the agricultural domain, the Commission should lay
down adequate safeguards as required by the rules of
in particular by aggre-
Regulation (EC) No 45/2001,
gating and rendering data anonymous.

(4)

The measures provided for in this Regulation are in
accordance with the opinion of the Fund Committee as
well as of all the management committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2390/1999 is amended as follows:

1. The title is replaced by the following:

‘Commission Regulation (EC) No 2390/1999 of 25 October
1999 laying down form and content of the accounting
information to be submitted to the Commission for the
purpose of the clearance of the EAGGF Guarantee Section
accounts as well as for monitoring and forecasting purpo-
ses’.

2. In Article 1, ‘Article 2(1) of Regulation (EC) No 1663/95’ is
replaced by ‘Article 4(1)(c) of Regulation (EC) No 1663/95’.

(8) OJ L 8, 12.1.2001, p. 1.

7.3.2002

EN

Official Journal of the European Communities

L 64/9

3. Article 2 is replaced by the following:

‘Article 2
1.
The accounting information referred to in Article
4(1)(c) of Regulation (EC) No 1663/95 shall be used by the
Commission for the sole purposes of:
(a) carrying out its functions in the context of the clearance
of the EAGGF Guarantee section accounts pursuant to
Regulation (EC) No 1258/1999;

(b) monitoring developments and providing forecasts in the

agricultural sector.

2.
If the accounting information referred to in paragraph
1 includes personal data protected by Regulation (EC) No
45/2001 of the European Parliament and the Council (*),
lay down the necessary safeguards
the Commission shall
required under that Regulation. In particular, if accounting

information is used by the Commission for the purpose
referred to in paragraph 1(b), the Commission shall make
such data anonymous and process it in aggregated form
only.

The Commission shall ensure that

the accounting
3.
information referred to in paragraph 1 is kept confidential
and secure.

(*) OJ L 8, 12.1.2001, p. 1.’

Article 2

This Regulation shall enter into force on the seventh day
following 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.

Done at Brussels, 6 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission