Commission Regulation (EC) No 1978/2006 of 22 December 2006 Amending Regulation (EC) No 448/2001 of as regards reporting on cancellation proceedings and on the re-use of the funds cancelled
Date: 2006-12-22
Institutions: European Commission
Subjects: Structural Funds, exchange of information, financial control, management audit

23.12.2006

EN

Official Journal of the European Union

L 368/89

COMMISSION REGULATION (EC) No 1978/2006

of 22 December 2006

Amending Regulation (EC) No 448/2001 of as regards reporting on cancellation proceedings and on
the re-use of the funds cancelled

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

reports required by Article 13 of Commission Regulation
(EC) No 438/2001 of 2 March 2001 laying down
detailed rules for the implementation of Council Regu-
lation (EC) No 1260/1999 as regards the management
and control systems for assistance granted under the
Structural Funds (3).

Having regard to Council Regulation (EC) No 1260/1999 of 21
June 1999 laying down general provisions on the Structural
Funds (1), and in particular Article 53(2) thereof,

After consulting the Committee set up pursuant to Article 147
of the Treaty,

(4)

(5)

After consulting the Committee on Agricultural Structures and
Rural Development,

After consulting the Committee on Structures for Fisheries and
Aquaculture,

Whereas:

(1)

(2)

(3)

Article 2(3) and Article 3(2) of Commission Regulation
(EC) No 448/2001 of 2 March 2001 laying down
detailed rules for the implementation of Council Regu-
lation (EC) No 1260/1999 as regards the procedure for
making financial corrections to assistance granted under
the Structural Funds (2) require the Member States to
report to the Commission on cancellation proceedings,
the steps already taken or
the
management and control systems, and to inform it
about
cancelled and the
the
amendments of the financial plan for the assistance.

required to adjust

re-use of

funds

the

Experience gained during the implementation of Regu-
lation (EC) No 448/2001 has shown that
there is a
need to clarify and simplify those requirements.

In particular,
the information to be provided to the
Commission should be limited to the total amounts of
public
funding, by measure, withdrawn from the
programme concerned as a result of the cancellation of
all or part of the Community contribution to operations,
and to information about
funds
released following the withdrawal of such funding. Infor-
mation on adjustments to management and control
systems is supplied by Member States in the annual

the actual re-use of

(1) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by Regu-
lation (EC) No 173/2005 (OJ L 29, 2.2.2005, p. 3) and replaced by
Regulation (EC) No 1083/2006 (OJ L 210, 31.7.2006, p. 25) as of 1
January 2007.

(2) OJ L 64, 6.3.2001, p. 13.

Regulation (EC) No 448/2001 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee for the
Development and Conversion of Regions,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 448/2001 is amended as follows:

1. In Article 2, paragraph 3 is replaced by the following:

shall

States

‘3. Without prejudice to the information required on
recoveries under Article 8 of Commission Regulation (EC)
No 438/2001 (*), Member
send to the
Commission, as an Annex to the last quarterly report of
each year supplied under Commission Regulation (EC) No
1681/94 (**), a statement identifying, by measure, the total
amounts of public funding withdrawn, following cancellation
of all or part of the Community contribution to operations,
submitted during the
expenditure
from statements of
preceding year for the programme concerned.

___________
(*) OJ L 63, 3.3.2001, p. 21.
(**) OJ L 178, 12.7.1994, p. 43.’

2. In Article 3(2),

the second sentence is replaced by the

following:

‘Member States shall inform the Commission in the report
referred to in Article 2(3) of the way in which Community
funds released following the withdrawal of funding from the
programme have been re-used.’

(3) OJ L 63, 3.3.2001, p. 21. Regulation as amended by Regulation (EC)

No 2355/2002 (OJ L 351, 28.12.2002, p. 42).

L 368/90

EN

Official Journal of the European Union

23.12.2006

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

Article 2

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

Done at Brussels, 22 December 2006.

For the Commission

Danuta HÜBNER
Member of the Commission