CELEX: 31985D0460
Language: en
Date: 1985-08-28 00:00:00
Title: 85/460/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Italian Republic in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1981

9 . 10 . 85                                Official Journal of the European Communities                                        No L 267 / 35
                                                        COMMISSION DECISION
                                                             of 28 August 1985
                    on the clearance of the accounts presented by the Italian Republic in respect of the European
                         Agricultural Guidance and Guarantee Fund , Guarantee Section , expenditure for 1981
                                                      ( Only the Italian text is authentic )
                                                               ( 85 / 460 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                 whereas the inspections carried out show that a part of the
                                                                             expenditure declared amounting to Lit 43 138 824 099 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
21 April 1970 on the financing of the common agricultural
policy ( ! ), as last amended by Regulation ( EEC )                          Whereas the non-recognized expenditure includes an amount
No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,                of Lit 10 843 937 285 for export refunds for Sicilian wine
                                                                             and Lit 7 246 901 137 for the distillation of wine in 'Puglia'
                                                                             that may , in whole or in part be financed by the EAGGF
                                                                             providing Italy furnishes the proof necessary for Community
After consulting the Fund Committee ,                                        financing before 1 November 1985 ;
Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )
No 729 / 70 , the Commission , on the basis of the annual                    Whereas         Commission      Decisions       80 / 1151 / EEC ,
accounts presented by the Member States , clears the accounts                80 / 1152 / EEC and 80 / 1162 / EEC provided that certain
of the authorities and bodies referred to in Article 4 of that
                                                                             quantities of soft wheat , olive oil and bovine meat from
Regulation ;                                                                 intervention stocks were to be distributed free as emergency
                                                                             aid for victims of earth tremors ; whereas these products left
Whereas Italy has transmitted to the Commission the                          intervention stores from January to April 1981 and were
documents required to clear the accounts for 1981 ; whereas                  imputed to a special budget post , it is necessary to take
the latter has carried out on-the-spot inspections as provided               account of this situation in the present Decision ;
for in Article 9 ( 2 ) of Regulation ( EEC ) No 729 / 70 ;
Whereas Article 8 of Commission Regulation ( EEC )
No 1 723 / 72 of 26 July 1 972 on the clearance of the accounts              Whereas the present Decision does not prejudge the financial
of the European Agricultural Guidance and Guarantee Fund ,                   consequences which may be drawn in any subsequent
                                                                             clearance of accounts for national aids in accordance with
Guarantee Section ( 3 ), provides that the Decision to clear the
accounts must include the determination of the amount of                     Article 93 of the Treaty or infringement procedures under
expenditure incurred in each Member State during the                         Article 169 of the Treaty currently in progress or concluded
                                                                             after the date of 31        March   1985 or as a result of
financial year in question recognized as chargeable to the
Fund , Guarantee Section , and also the determination of the                 infringements in 1981 or national aids incompatible with the
amount of the Community's financial resources still available                Treaty paid in 1981 having affected the expenditure charged
in each Member State ;                                                       to the EAGGF in any financial year subsequent to that of
                                                                             1981 ;
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
                                                                             Whereas the present Decision does not prejudice the financial
markets , respectively granted and undertaken according to
                                                                             consequences which may be draw in ony subsequent
Community rules within the framework of the common
                                                                             clearance of accounts relating to current investigations ,
organization of agricultural markets , may be financed ;
                                                                             financial losses resulting from irregularities in the meaning of
                                                                             Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
(') OJ No L 94 , 28 . 4 . 1970 , p. 13 .                                     the Court of Justice on cases currently under consideration
( 2 ) OJ No L 95 , 2 . 4 . 1985 , p. 1 .                                     and concerning matters which are also the subject of this
( 3 ) OJ No L 186 , 16 . 8 . 1972 , p. 1 .                                   Decision ,
 ---pagebreak--- No L 267 / 36                                 Official Journal of the European Communities                                        9 . 10 . 85
HAS ADOPTED THIS DECISION :                                                                             Article 3
                              Article 1
The expenditure by Italy recognized as chargeable to the                       This Decision is addressed to the Italian Republic .
European Agricultural Guidance and Guarantee Fund ,
Guarantee Section , in respect of the 1981 financial year
amounts ,    in      accordance     with    the   Annex ,     to    Lit
2 541 292 723 886 .                                                            Done at Brussels , 28 August 1985 .
                               Article 2                                                                           For the Commission
                                                                                                                    Frans ANDRIESSEN
The financial resources available at the end of 1981 amount ,
in accordance with the Annex , to Lit 245 276 161 499 .                                                                Vice-President
                                                                      ANNEX
                 Clearance of the accounts concerning the expenditure financed by the EAGGF , Guarantee Section , for 1981
                                                                                                          (Lit)
          1.   Funds available after clearance of the accounts for 1980                                         252 638 741 357
          2.   Advances received for 1981
               ( Lit 2 545 000 000 000
                - Lit 11 069 855 972 at the charge of budget Article 590 )                                    2 533 930 144 028
          3 . Total funds available to cover expenditure for 1981                                             2 786 568 885 385
          4 . Expenditure recognized for 1981 :
               ( a ) Expenditure declared                                             2 584 431 547 985
               ( b ) Expenditure not recognized :                                      - 43 138 824 099
                     — for which the definitive decision will be taken on the basis
                        of additional evidence to be sent by Italy before
                         1 November 1985                                             (- 18 090 838 422 )
               ( c ) Elimination of reserves for previous years
               ( d ) Expenditure recognized                                                                   2 541 292 723 886
          5.   Funds available after clearance of accounts for 1981                                             245 276 161 499