CELEX: 31985D0459
Language: en
Date: 1985-08-28 00:00:00
Title: 85/459/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 1980

9 . 10 . 85                                Official Journal of the European Communities                                        No L 267 / 33
                                                       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 1980
                                                     ( Only the Italian text is authentic )
                                                              ( 85 / 459 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                whereas the inspections carried out show that a part of the
                                                                            expenditure declared amounting to Lit 35 988 034 293 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 non-recognized expenditure includes an amount
21 April 1970 on the financing of the common agricultural                   of Lit 3 435 838 380 as aid for the transformation of
policy ( x ), as last amended by Regulation ( EEC )
                                                                            tomatoes in Sicily and an amount of Lit 14 513 871 670 as
No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,
                                                                            export refunds for Sicilian wine that may , in whole or in part
                                                                            be financed by the EAGGF providing Italy furnishes
                                                                            the proof necessary for Community financing before 1
After consulting the Fund Committee ,                                       November 1985 ;
Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )                 Whereas the Decisions concerning the clearance of accounts
No 729 / 70 , the Commission , on the basis of the annual                   for 1978 and 1979 excluded the financing of the following
accounts presented by the Member States , clears the accounts               amounts , Lit 5 255 006 545 and Lit 16 265 509 950 , on
of the authorities and bodies referred to in Article 4 of that              condition that the expenditure or a part of it may be
Regulation ;                                                                recognized in the clearance of accounts 1980 , provided the
                                                                            Member State furnishes the evidence necessary for
                                                                            Community financing ; whereas on the basis of evidence
Whereas Italy has transmitted to the Commission the                         provided for the milk sector , an amount of Lit 7 614 052 051
documents required to clear the accounts for 1980 ; whereas                 may be recognized . As regards the expenditure in the wine
the latter has carried out on-the-spot inspections as provided              sector , the reserve is extended to the clearance of accounts for
for in Article 9 ( 2 ) of Regulation ( EEC ) No 729 / 70 ;                  1982 in order to be able to conclude this question in the light
                                                                            of the Court of Justice decision ;
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 ,                  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 for national aids in accordance with
expenditure incurred in each Member State during the                        Article 93 of the Treaty or infringement procedures under
financial year in question recognized as chargeable to the                  Article 169 of the Treaty currently in progress or concluded
Fund , Guarantee Section , and also the determination of the                after the date of 31 March 1985 or as a result of
amount of the Community's financial resources still available               infringements in 1980 or national aids incompatible with the
in each Member State ;                                                      Treaty paid in 1980 having affected the expenditure charged
                                                                            to the EAGGF in any financial year subsequent to that of
                                                                            1980 ;
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 prejudge the financial
markets , respectively granted and undertaken according to
                                                                            consequences which may be drawn in any 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
( 1 ) 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 / 34                                Official Journal of the European Communities                                          9 . 10 . 85
HAS ADOPTED THIS DECISION :                                                                             Article 3
                             Article 1
1.    The expenditure by Italy recognized as chargeable to                    This Decision is addressed to the Italian Republic .
the European Agricultural Guidance and Guarantee Fund ,
Guarantee Section , in respect of the 1980 financial
year amounts , in accordance with the Annex , to
Lit 1 990 047 732 013 .                                                       Done at Brussels , 28 August 1985 .
                             Article 2                                                                              For the Commission
                                                                                                                     Frans ANDRIESSEN
The financial resources available at the end of 1980 amount ,
in accordance with the Annex , to Lit 252 638 741 357 .                                                                 Vice-President
                                                                    ANNEX I
                Clearance of the accounts concerning the expenditure financed by the EAGGF , Guarantee Section , for 1980
                                                                                                          (Lit)
          1.  Funds available after clearance of the accounts for 1979                                           170 686 473 370
          2.  Advances received for 1980                                                                      2 072 000 000 000
          3 . Total funds available to cover expenditure for 1980                                             2 242 686 473 370
          4 . Expenditure recognized for 1980 :
              ( a ) Expenditure declared                                             2 018 421 714 255
              ( b ) Expenditure not recognized :                                      - 35 988 034 293
                    — for which the definitive decision will be taken on the basis
                       of additional evidence to be sent by Italy before
                        1 November 1985                                              (- 17 949 710 050 )
              ( c ) Elimination of reserves for previous years                          + 7 614 052 051
              ( d ) Expenditure recognized                                                                     1 990 047 732 013
          5.  Funds available after clearance of accounts for 1980                                               252 638 741 357