CELEX: 31985D0465
Language: en
Date: 1985-08-28 00:00:00
Title: 85/465/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the United Kingdom in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1980

9 . 10 . 85                                Official Journal of the European Communities                                        No L 267 / 49
                                                         COMMISSION DECISION
                                                              of 28 August 1985
                     on the clearance of the accounts presented by the United Kingdom in respect of the European
                          Agricultural Guidance and Guarantee Fund , Guarantee Section , expenditure for 1980
                                                      ( Only the English text is authentic )
                                                                ( 85 / 465 / EEC )
 THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                  whereas the inspections carried out show that a part of the
                                                                               expenditure declared amounting to £ 9 831 771 ,93 does not
                                                                               satisfy the requirements of these provisions and therefore
 Having regard to the Treaty establishing the European                         cannot be financed ; whereas the Member State has been fully
 Economic Community ,                                                          informed of this correction and has been able to give its views
                                                                               thereon ;
 Having regard to Council Regulation ( EEC ) No 729 / 70 of
                                                                               Whereas the Decisions concerning the clearance of accounts
 21 April 1970 on the financing of the common agricultural
 policy (*), as last amended by Regulation ( EEC )                             for 1978 and 1979 excluded the financing of the following
                                                                               amounts , £ 389 674,76 and £ 879 175,26 , for dried
 No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,
                                                                               vegetable products , on condition that the expenditure or a
                                                                               part of it may be recognized in the clearance of accounts 1980
                                                                               if the Member State furnishes the evidence necessary for
 After consulting the Fund Committee ,                                         Community financing . Given that this evidence has been
                                                                               provided in part , an amount of £ 815 206,69 may still be
                                                                               recognized ;
 Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )
 No 729 / 70 , the Commission , on the basis of the annual
 accounts presented by the Member States , clears the accounts                 Whereas , under Council Regulation ( EEC ) No 1078 / 77 of
 of the authorities and bodies referred to in Article 4 of that                17 May 1977 introducing a system of premiums for the
 Regulation ;                                                                  non-marketing of milk and milk products and for the
                                                                               conversion of dairy herds ( 4 ), as last amended by Regulation
                                                                               ( EEC ) No 1300 / 84 ( 5 ), 60 % of expenditure on those
 Whereas the United Kingdom has transmitted to the
                                                                               measures is borne by the Guarantee Section of the EAGGF
 Commission the documents required to clear the accounts for
                                                                               and 40 % by the Guidance Section ; whereas the said
 1980 ; whereas the latter has carried out on-the-spot
                                                                               measures count as intervention within the meaning of
 inspections as provided for in Article 9 ( 2 ) of Regulation
                                                                               Article 3 of Regulation (EEC ) No 729 / 70 and constitute a
 ( EEC ) No 729 / 70 ;
                                                                               common measure within the meaning of Article 6 (1 ) of that
                                                                               Regulation ; whereas it is therefore necessary to include
 Whereas Article 8 of Commission Regulation ( EEC )                           Guidance Section expenditure when clearing the accounts in
No 1723 / 72 of 26 July 1972 on the clearance of the accounts                 respect of expenditure financed by the EAGGF ;
 of the European Agricultural Guidance and Guarantee Fund ,
 Guarantee Section ( 3 ), provides that the Decision to clear the
 accounts must include the determination of the amount of                     Whereas the present Decision does not prejudge the financial
expenditure incurred in each Member State during the                          consequences which may be drawn in any subsequent
 financial year in question recognized as chargeable to the                   clearance of accounts procedure for national aids in
 Fund , Guarantee Section , and also the determination of the                 accordance with Article 93 of the Treaty or infringement
 amount of the Community's financial resources still available                procedures under Article 169 of the Treaty currently in
in each Member State ;                                                        progress or concluded after the date of 31 March 1985 or as a
                                                                              result of infringements in 1 980 or national aids incompatible
                                                                              with the Treaty paid in 1980 having affected the expenditure
Whereas , under Articles 2 and 3 of Regulation ( EEC )
                                                                              charged to the EAGGF in any financial year subsequent to
No 729 / 70 , only refunds on exports to non-member                           that of 1980 ;
countries and intervention intended to stabilize agricultural
markets , respectively granted and undertaken according to
Community rules within the framework of the common
                                                                              Whereas the present Decision does not prejudge the financial
organization of agricultural markets , may be financed ;
                                                                              consequences which may be drawn in any subsequent
V ) OJ No L 94 , 28 . 4 . 1970 , p. 13 .
( 2 ) OJ No L 95 , 2 . 4 . 1985 , p. 1 .                                      ( 4 ) OJ No L 131 , 26 . 5 . 1977 , p. 1 .
( 3 ) OJ No L 186 , 16 . 8 . 1972 , p. 1 .                                    ( 5 ) OJ No L 125 , 12 . 5 . 1984 , p. 3 .
 ---pagebreak--- No L 267 / 50                              Official Journal of the European Communities                                   9 . 10 . 85
clearance of accounts relating to current investigations ,            amounts ,    in    accordance     with      Annex     II ,   to
financial losses resulting from irregularities in the meaning of      £ 28 882 284,85 .
Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
the Court of Justice on cases currently under consideration
and concerning matters which are also the subject of this                                       Article 2
Decision ,
                                                                      The financial resources available at the end of 1980 amount ,
                                                                      in accordance with Annex I , to £ 11 880 223,81 and , in
HAS ADOPTED THIS DECISION :                                           accordance with Annex II , to £ 1 802 753,36 .
                             Article 1
                                                                                                Article 3
1.    The expenditure by the United Kingdom recognized as             This Decision is addressed to the United Kingdom .
chargeable to the European Agricultural Guidance and
Guarantee Fund , Guarantee Section , in respect of the 1980
                                                                      Done at Brussels , 28 August 1985 .
financial year amounts , in accordance with Annex I , to
£ 473 760 635,27 .                                                                                          For the Commission
                                                                                                             Frans ANDRIESSEN
2.     The expenditure recognized as chargeable to the
EAGGF , pursuant to Regulation ( EEC ) No 1078 / 77 ,                                                           Vice-President
 ---pagebreak--- 9 . 10 . 85                                     Official Journal of the European Communities                                No L 267 / 51
                                                                    ANNEX I
                Clearance of the accounts concerning the expenditure financed by the EAGGF, Guarantee Section , for 1980 (')
            1 . Funds available after clearance of the accounts for 1979                                       - 1 759 140,92
            2 . Advances received for 1980                                                                    487 400 000,00
            3 . Total funds available to cover expenditure for 1980                                           485 640 859,08
            4 . Expenditure recognized for 1980 :
                 ( a ) Expenditure declared                                           482 777 200,51
                 ( b ) Expenditure not recognized :                                   -9 831 771,93
                       — of which definitive decision deferred to 1982                 (- 726 086,00 )
                 ( c ) Elimination of reserves for previous years                       + 815 206,69
                 ( d ) Expenditure recognized                                                                 473 760 635,27
            5 . Funds available after clearance of accounts for 1980                                             11 880 223,81
            0 ) Excluding expenditure on measures under Regulation .( EEC ) No 1078 / 77 .
                                                                    ANNEX II
            Clearance of the accounts concerning the expenditure financed by the EAGGF under Regulation ( EEC ) No 1078 / 77 for
                                                                       1980
                                                                                                       (£)
            1 . Funds available after clearance of the accounts for 1979                                        - 514 961,79
            2 . Advances received for 1980                                                                      31 200 000,00
            3 . Total funds available to cover expenditure for 1980                                             30 685 038,21
            4 . Expenditure incurred in 1980 chargeable to the EAGGF of
                 which :                                                                                        28 882 284,85
                  ( a ) Guarantee Section                                              17 329 370,91
                  ( b ) Guidance Section                                               11 552 913,94
            5 . Funds available after clearance of the accounts for 1980                                          1 802 753,36