CELEX: 31985D0449
Language: en
Date: 1985-08-28 00:00:00
Title: 85/449/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Kingdom of Belgium in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1981 (Only the French and Dutch texts are authentic)

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31985D0449

85/449/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Kingdom of Belgium in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1981 (Only the French and Dutch texts are authentic)  

Official Journal L 267 , 09/10/1985 P. 0004 - 0006

COMMISSION DECISIONof 28 August 1985on the clearance of the accounts presented by the  Kingdom of Belgium in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee  Section, expenditure for 1981(Only the Dutch and French texts are authentic)(85/449/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the  European Economic Community,Having regard to Council Regulation (EEC) N° 729/70 of 21 April 1970 on  the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 870/85  (2), and in particular Article 5 (2) thereof,After consulting the Fund Committee,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 of the authorities and bodies referred  to in Article 4 of that Regulation;Whereas Belgium has transmitted to the Commission the documents  required to clear the accounts for 1981; whereas the latter has carried out on-the-spot inspections  as provided for in Article 9 (2) of Regulation (EEC) No 729/70;Whereas according to documents sent  by Belgium thetotal amount of declared expenditure comes to Bfrs20 571 377 945; whereas  expenditure declared in respect of premium for leaf tobacco will be the subject of a subsequent  clearance decision and is therefore excluded from the present Decision which consequently relates  to an amount of Bfrs 20 479 838 562;Whereas Article 8 of Commission Regulation (EEC) No 1723/72 of  26 July 1972 on the clearance of the accounts 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 expenditure incurred in each Member State during thefinancial  year in question recognized as chargeable to the Fund, Guarantee Section, and also the  determination of the amount of the Community's financial resources still available in each Member  State;Whereas, under Articles 2 and 3 of Regulation (EEC) No 729/70, only refunds on exports to  non-member countries and intervention intended to stabilize agricultural markets, respectively  granted and undertaken according to Community rules within the framework of the common organization  of agricultural markets, may be financed; whereas the inspections carried out show that a part of  the expenditure declared, amounting to Bfrs 17 172 015 does not satisfy the requirements of these  provisions and therefore cannot be financed; whereas the Member State has been fully informed of  this correction and has been able to give its views thereon;Whereas expenditure declared in respect  of the premium for leaf tobacco is nevertheless excluded from the present Decision and will be the  subject of a subsequent clearance Decision; whereas it is therefore necessary to extend the  negative reserve concerning the financial years 1978 and 1979;Whereas, under Council Regulation  (EEC) N° 1078/77 of 17 May 1977 introducing a system of premiums for the 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 measures is borne by the Guarantee Section of the EAGGF  and 40 % by the Guidance Section; whereas the said measures count as intervention within the  meaning of Article 3 of Regulation (EEC) No 729/70 and constitute a common measure within the  meaning of Article 6 (1) of that Regulation; whereas it is therefore necessary to include Guidance  Section expenditure when clearing the accounts in respect of expenditure financed by the  EAGGF;Whereas the present Decision does not prejudge the financial consequences which may be drawn  in any subsequent clearance of accounts for national aids in accordance with Article 93 of the  Treaty or infringement procedures under Article 169 of the Treaty currently in progress or  concludedafter the date of 31 March 1985 or as a result ofinfringements in 1981 or national  aids incompatible with the Treaty paid in 1981 having affected the expenditure charged to the EAGGF  in any financial year subsequent to that of 1981;Whereas the present Decision does not prejudge the  financial consequences which may be drawn in any subsequent clearance of accounts relating to  current investigations, financial losses resulting from irregularities in the meaning of Article 8  of Regulation (EEC) N° 729/70 or judgments by the Court of Justice on cases currently under  consideration and concerning matters which are also the subject of this Decision,HAS ADOPTED THIS  DECISION:Article 11.  The expenditure by Belgium recognized as chargeable to  the European Agricultural Guidance and Guarantee Fund, Guarantee Section, in respect of the 1981  financialyear amounts, in accordance with Annex I, to Bfrs 20 462 666 547.2.  The expenditure  recognized as chargeable to the EAGGF, pursuant to Regulation (EEC) N° 1078/77, amounts, in accordance with Annex II, to Bfrs 94 493 454.3.  The amount of Bfrs 91 539 383 relating  to expenditure declared in respect of premium for leaf tobacco is not the subject of the present  Decision.Article 2The financial resources available at the end of 1981 amount, in accordance with  Annex I, to Bfrs 1 462 903 966 and, in accordance with Annex II, to Bfrs 1 754.Article 3This  Decision is addressed to the Kingdom of Belgium.Done at Brussels, 28 August  1985.For the CommissionFrans ANDRIESSENVice-President(1) OJ N° L 94, 28. 4.  1970, p. 13. (2) OJ N° L 95, 2. 4. 1985, p. 1. (3) OJ N° L 186, 16. 8. 1972, p. 1. (4) OJ N° L 131, 26. 5. 1977, p. 1. (5) OJ N° L 125, 12. 5. 1984, p. 3.  ANNEX I Clearance of the accounts concerning the expenditure financed by the EAGGF,  Guarantee Section, for 1981 (¹)(Bfrs)1. Funds available after clearance of the accounts for 1980 excluding declared expenditure in the  tobacco sector 2 272 109 8962. Advances received for 198119 653 460 6173. Total funds available to cover expenditure for 198121 925 570 5134. Expenditure recognized for 1981: (a)Expenditure declared20 479 838 562 (b)Expenditure not recognized:    17 172 015 - of which definitive decision deferred to 1982     (  41 275)(c)Elimination of  reserves for previous years-(d)Expenditure recognized20 462 666 5475. Funds available after the clearance of accounts for the financial year 1981 excluding clearance of  accounts relating to the premium for leaf tobacco 1 462 903 966(¹) Excluding expenditure on  measures under Regulation (EEC) N° 1078/77. PM: The amount of Bfrs 91 539 383 relating to expenditure declared in respect of the premium for  leaf tobacco is notthe subject of the present decision; this amount is consequently excluded from  the amount shown above under2, 3, 4 (a), 4 (b) and 4 (d).  ANNEX II Clearance of the accounts concerning the expenditure financed by the EAGGF  under Regulation (EEC) N° 1078/77 for 1981(Bfrs)1. Funds available after clearance of the accounts for 1980   495 2082. Advances received for 198194 000 0003. Total to cover expenditure in 198194 495 2084. Expenditure incurred in 1981 chargeable to the EAGGF of which: 94 493 454(a)Guarantee Section56 696 072(b)Guidance Section37 797 3825. Funds available after clearance of the accounts for 1981     1 754