CELEX: 31970R2697
Language: en
Date: 1970-12-29 00:00:00
Title: Regulation (EEC) No 2697/70 of the Commission of 29 December 1970 on the procedure for making Community funds available to Member States under the Guarantee Section of the EAGGF

970                                  Official Journal of the European Communities
31.12.70                             Official Journal of the European Communities                        No L 285/63
                              REGULATION (EEC) No 2697/70 OF THE COMMISSION
                                                  of 29 December 1970
              on the procedure for making Community funds available to Member States under the
                                            Guarantee Section of the EAGGF
THE     COMMISSION      OF     THE . EUROPEAN      COM­         of the Community funds, the Member States must
MUNITIES,                                                       transmit to it each month an application relating to
                                                                financial requirements and accompanied, in respect of
Having regard to the Treaty establishing , the                  each disbursing authority and agency, by statements
European Economic Community;                                    of the cash position, expenditure effected and
                                                                expenditure estimates for three months ;
Having regard to Council Regulation (EEC) No
729/701 of 21 April 1970 on the financing of the                Whereas the funds made available to Member States
common , agricultural policy, and in particular                 must cover the actual cash requirements of at least
Articles 4 and 5 thereof;                                       one month;
Whereas Article 4 (2) of Regulation (EEC) No 729/70             Whereas, although aggregate sums are made available
provides for making available to Member States the              to Member States each month, a Member State may
funds needed for payments under the Guarantee                   experience cash difficulties because expenditure is
Section of the European Agricultural Guidance and               running at a higher rate than that initially provided
Guarantee Fund; whereas the best way to operate the             for;
new financing system will be to make Community
funds available to each Member State by transfers to
its account ;                                                   Whereas provision should consequently be made for
                                                                the possibility of special advances which will be
Whereas, having regard in particular to the- lar-ge             deducted from the next monthly advance;
number of disbursing authorities and agencies, the
best way to administer the Community funds is to                Whereas the following Regulations contain special
make the individual Member States responsible for               provisions in respect of the financing of expenditure
their distribution among such authorities and                   by intervention agencies on the buying in of products
agencies ;                                                      and on subsequent operations : Council Regulation
                                                                (EEC) No 78 6/692 of 22 April 1969 on the financing
Whereas, however, the Commission must be                        of intervention expenditure in respect of the internal
informed at regular intervals of the movement of                market in oils and fats ; Council Regulation (EEC)
funds ;                            ,                            No 787/69® of 22 April 1969 on the financing of­
                                                                intervention expenditure in respect of the internal
Whereas, in order to know exactly how the                       market in cereals and rice; Council Regulation' (EEC)
Community funds are used, it is indispensable that              No 788/694 of 22 April 1969 on the financing of
each disbursing authority and agency should keep                intervention expenditure in respect of the internal
accounts devoted exclusively to these funds and to              market in pigmeat; Council Regulation (EEC) No
their use;                                                      2334/695 of 25 November 1969 on the financing of
Whereas, in order to ensure that the Commission can
assess financial requirements and know the rate of use
                                                                2 OJ No L 105, 2.5.1969, p. 1 .
                                                                3 OJN0LIO5, 2.5.1969, p. 4.
                                                                4 OJ No L 105, 2.5.1969, p. 7.
   OJ No L 94, 28.4.1970, p . 13 .                              8 OJ No L 298 , 27.11.1969, p. 1 .
 ---pagebreak---                                        Official Journal of the European Communities                                     971
intervention expenditure in .respect of the internal              available to it under Article 1 ( 1 ) and to the use made
market in sugar; Council Regulation (EEC) No                      of those funds .
2305 /701 of 10 November 1970 on the financing of
intervention expenditure in respect of the internal
market in beef and veal and Council Regulation                                            Article 3
(EEC) No 2306/702 of 10 November 1970 on the
financing of intervention expenditure in respect of the
internal market in milk and milk products ;                       1.    Not later than the 20th of each month the
                                                                  Member States shall forward to the Commission , in
Whereas the statements of expenditure effected and                triplicate, an application concerning the financial
of estimated expenditure must cover the various cost              requirements of disbursing authorities and agencies.
categories, it being understood that corrections will
be made on the basis of the accounts which the                    2. An application within the meaning of paragraph
Member States will transmit at regular intervals ;                1 shall be accompanied by supporting statements for
                                                                  each disbursing authority and agency drawn up in
Whereas the EAGGF Committee has not delivered an                  accordance with the Annexes to this Regulation and
 Opinion within the time limit set by its Chairman ;              comprising:
                                                                  ( a) a statement of the cash position at the end of the
HAS ADOPTED THIS REGULATION :
                                                                       preceding month (Annex I);
                                                                  ( b) a statement of expenditure, broken down
                       Article 1                                       according to the items of the budget of the
                                                                       European Communities and according to types of
1 . The Commission, after deciding on advances in                      expenditure (Annex II ), showing :
accordance with Article 5 (2) of Regulation (EEC)                      — the expenditure in the month preceding that
No 729/70, shall make available to Member States,                          in which the application within the meaning
within the limit of the budget credits," the funds                          of paragraph 1 is made,
needed for payment by the disbursing authorities and
agencies of expenditure financed by the Guarantee                      — the expenditure estimate for the current
Section of the EAGGF. An account shall be opened                            month and for the two following months .
for this purpose by each Member State at the
Treasury or another financial institution .
                                                                                           Article 4
2.    The name and number of those accounts shall
be communicated to the Commission by the Member                   1.     On the basis of applications within the meaning
States at the date of entry into force of this                    of Article 3 ( 1 ), and not later than one month after
Regulation.                                                       receipt thereof, the Commission shall decide on
                                                                  additional payments in accordance with the second
3.    Each   Member    State      shall  ensure   that  the       indent of Article 5 ( 2 ) ( a ) of Regulation (EEC) No
Community funds are properly managed and shall                    729/70 .
distribute them among the disbursing authorities and
agencies in such a- manner as to allow a similar rate             Those payments shall be calculated in such a way
of payment for all the expenditure financed by the                that they are large enough to cover expenditure to be
Guarantee Section of the EAGGF.                                   borne by the authorities and agencies until the end of
                                                                  the quarter referred to in the second indent of Article
4.    On the first working day of each week, Member               3 (2) (b ).
States shall forward to the Commission by telex a
statement showing changes in the account referred to              2. The additional payments decided under
in paragraph 1 and specifying the amounts involved                paragraph 1 shall be made by the Commission within
and the authorities and agencies receiving them .                 three days of its decision .
                       Article 2
                                                                                          Article 5
Each disbursing authority and agency shall keep
accounts devoted exclusively to the funds made                    1.    Where funds made available to a Member State
                                                                  are liable to be exhausted before the date laid down
                                                                  for the next payment, that Member State shall notify
1 OJ No L 249, 17.11.1970, p. 1 .                                 the Commission and where necessary apply for a
2 OJ No L 249, 17.11.1970, p. 4.                                  special advance specifying the grounds therefor.
 ---pagebreak--- 972                                 Official Journal of the European Communities
2.    On the basis' of the notification referred to in         3.    On the basis of the accounts received under
paragraph 1 , the Commission may make a special                paragraph 2, and without prejudice to the verification
advance of which account shall be taken when the               and approval referred to in Article 5 (2) (b) of
next advance is decided. The Commission shall notify           Regulation (EEC) No 729/70, the Commission shall
the Member State concerned by telex of its decision .          determine the amount of the net losses sustained by
                                                               each authority and agency in the year just ended.
                         Article 6
                                                               4. Any difference between the amount determined
                                                               under paragraph 3 and that entered as the
1.    The expenditure referred to in Article 2 (c) of          expenditure up till the end of December which is a
Regulation (EEC) No 786/69, Article 2 ( a) of                  net loss shall be taken into account by the
Regulation (EEC) No 787/69, Article 2 (b) of                   Commission when it makes its first decision on
Regulation (EEC) No 788/69, Article 2 (b) of                   advances after the determination of the amounts
Regulation No 2334/69, the first indent of Article 1           referred to in paragraph 3 .
of Regulation (EEC) No 2305/70 and Articlfe 3 ( 1 ) of
Regulation (EEC) No 2306/70 must be broken down
in a table conforming to Annex II by the various cost
categories listed in those Regulations .                                              Article 7
2.    Member States shall forward to the Commission            Not later than one year after the date when this
the accounts by    product and sector drawn up under           Regulation is applied, the Commission shall examine
the Regulations     referred to in paragraph 1 within          its implementation and where necessary shall decide,
three months of    the closing date laid down for those        after consultation with the EAGGF Committee, on
accounts under     Article 3 of . Regulation ( EEC) No         alterations which ., experience has shown to be
729/70 .                                                       necessary .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 December 1970 .
                                                                                  For the Commission
                                                                                      The President
                                                                                  Franco M. MALFATTI
 ---pagebreak---                              Official Journal of the European Communities                                    973
                                                ANNEX 1
to Commission Regulation (EEC) No 2697/70 of 29 December 1970 on the procedure for making
Community funds available to Member States under the Guarantee Section of the EAGGF
MEMBER STATE
AUTHORITY OR AGENCY
                Statement of cash position on
A. Liquid assets
     1. Liquid assets on
     2. Payments received
     3 . Other receipts for the account of the Community
                                                          Total A
B. Expenditure
     Expenditure in the month of
     chargeable to EAGGF (Guarantee)
                                                           Total B
C. Balance
     Available on                                           A—B
                                                        Date, stamp and signature of the authority or agency
1 Details to be annexed.
2 Itemised in Annex IT, column (a ).
 ---pagebreak--- 974                              Official Journal of the European Communities
                                                       ANNEX II
    to Commission Regulation (EEC) No 2697/70 of 29 December 1970 on the procedure for making
    Community funds available to Member States under the Guarantee Section of the EAGGF
    MEMBER STATE
    AUTHORITY OR AGENCY
                        Statement of expenditure and estimate of financial requirements
                                                                                                   Estimate of future
          Budget                                               Expenditure        Expenditure          expenditure
                                                               in month of      from
                                Type of expenditure                             to
                                                                                to
      Chap.     Art.                                                (a )             (b) 1       (c) 2     (d ) 3    (e) 4
                                                                                           I
                                            carried over
                         Total or sums to be carried
                         over
                                                                    Date, stamp and signature of the authority or agency
    1 Cumulative expenditure from 1 January, or from the date of application of Articles 4 and 5 of Regulation (EEC )
      No 729/70, to the end of the month of column ( a).
    2 Estimate of expenditure in the month immediately after the month of column (a).
    3 Estimate of expenditure in the second month after the month of 'column (a).
    4 Estimate of expenditure in the third month after the month of column (a).