CELEX: 31985D0458
Language: en
Date: 1985-08-28 00:00:00
Title: 85/458/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by Ireland in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1981

No L 267 / 30                               Official Journal of the European Communities                                            9 . 10 . 85
                                                        COMMISSION DECISION
                                                             of 28 August 1985
                    on the clearance of the accounts presented by Ireland in respect of the European Agricultural
                                Guidance and Guarantee Fund , Guarantee Section , expenditure for 1981
                                                     ( Only the English text is authentic )
                                                               ( 85 / 458 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                 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
Having regard to the Treaty establishing the European                        thereon ;
Economic Community ,
                                                                             Whereas , under Council Regulation ( EEC ) No 1078 / 77 of
                                                                             17 May 1977 introducing a system of premiums for the
Having regard to Council Regulation ( EEC ) No 729 / 70 of                   non-marketing of milk and milk products and for the
21 April 1970 on the financing of the common agricultural                    conversion of dairy herds ( 4 ), as last amended by Regulation
policy ( x ), as last amended by Regulation ( EEC )                          ( EEC ) No 1300 / 84 ( 5 ), 60 % of expenditure on those
No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,                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
After consulting the Fund Committee ,                                        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
Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )                  Guidance Section expenditure when clearing the accounts in
No 729 / 70 , the Commission , on the basis of the annual                    respect of expenditure financed by the EAGGF ;
accounts presented by the Member States , clears the accounts
of the authorities and bodies referred to in Article 4 of that               Whereas the present Decision does not prejudge the financial
Regulation ;                                                                 consequences which may be drawn in any subsequent
                                                                             clearance of accounts procedure for national aids in
                                                                              accordance with Article 93 of the Treaty or infringement
Whereas Ireland has transmitted to the Commission the                         procedures under Article 169 of the Treaty currently in
documents required to clear the accounts for 1981 ; whereas                   progress or concluded after the date of 31 March 1985 or as a
the latter has carried out on-the-spot inspections as provided                result of infringements in 1981 or national aids incompatible
for in Article 9 ( 2 ) of Regulation ( EEC ) No 729 / 70 ;                    with the Treaty paid in 1981 having affected the expenditure
                                                                              charged to the EAGGF in any financial year subsequent to
Whereas Article 8 of Commission Regulation ( EEC )                            that: of 1981 ;
No 1723 / 72 of 26 July 1972 on the clearance of the accounts
of the European Agricultural Guidance and Guarantee Fund ,                    Whereas the present Decision does not prejudge the financial
Guarantee Section ( 3 ), provides that the Decision to clear the              consequences which may be drawn in any subsequent
accounts must include the determination of the amount of                      clearance of accounts relating to current investigations ,
expenditure incurred in each Member State during the                          financial losses resulting from irregularities in the meaning of
financial year in question recognized as chargeable to the                    Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
Fund , Guarantee Section , and also the determination of the                  the Court of Justice on cases currently under consideration
 amount of the Community's financial resources still available                and concerning matters which are also the subject of this
 in each Member State ;                                                       Decision ,
 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                HAS ADOPTED THIS DECISION :
 markets , respectively granted and undertaken according to
 Community rules within the framework of the common
                                                                                                              Article 1
 organization of agricultural markets , may be financed ;
 whereas the inspections carried out show that a part of the
 expenditure declared , amounting to £ Irl 2 858 500,34 does                   1.      The expenditure by Ireland recognized as chargeable
                                                                              to the European Agricultural Guidance and Guarantee
 (>) 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--- 9 . 10 . 85                              Official Journal of the European Communities                             No L 267 / 31
Fund , Guarantee Section , in respect of the 1981 financial         in accordance with Annex I , to £ Irl 4 451 019,00 and , in
year amounts , in accordance with Annex I , to                      accordance with Annex II , to £ Irl 286 986,51 .
£ Irl 299 355 335,29 .
2.      The expenditure recognized as chargeable to the                                      Article 3
EAGGF , pursuant to Regulation ( EEC ) No 1078 / 77
amounts ,    in    accordance     with     Annex      II ,  to      This Decision is addressed to Ireland .
£ Irl 6 370 319,75 .
                                                                    Done at Brussels , 28 August 1985 .
                                                                                                        For the Commission
                          Article 2
                                                                                                         Frans ANDRIESSEN
The financial resources available at the end of 1981 amount ,                                               Vice-President
 ---pagebreak--- No L 267 / 32                                 Official Journal of the European Communities                                    9 . 10 . 85
                                                                  ANNEX I
              Clearance of the accounts concerning the expenditure financed by the EAGGF , Guarantee Section , for 1981 (')
                                                                                                    (£ Irl)
         1.    Funds available after clearance of the accounts for 1980                                     - 1 193 645,71
        2.     Advances received for 1981                                                                   305 000 000,00
         3 . Total funds available to cover expenditure for 1981                                            303 806 354,29
        4 . Expenditure recognized for 1981 :
               ( a ) Expenditure declared                                           302 213 835,63
               ( b ) Expenditure not recognized :                                   -2 858 500,34
                     — of which definitive decision deferred to 1982                      —
               ( c ) Elimination of reserves for previous years                           —
               ( d ) Expenditure recognized                                                                 299 355 335,29
         5.    Funds available after clearance of accounts for 1981                                            4 451 019,00
         ( ! ) 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
                                                                     1981
                                                                                                    (£ Irl)
          1.   Funds available after clearance of the accounts for 1980                                       - 252 693,74
          2 . Advances received for 1981                                                                      6 910 000,00
          3 . Total funds available to cover expenditure for 1981                                             6 657 306,26
          4 . Expenditure incurred in 1981 chargeable to the EAGGF of
               which :                                                                                        6 370 319,75
               ( a ) Guarantee Section                                               3 822 191,85
               ( b ) Guidance Section                                                2 548 127,90
          5.   Funds available after clearance of the accounts for 1981                                         286 986,51