CELEX: 31985D0452
Language: en
Date: 1985-08-28 00:00:00
Title: 85/452/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Federal Republic of Germany 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 / 13
                                                         COMMISSION DECISION
                                                              of 28 August 1985
                      on the clearance of the accounts presented by the Federal Republic of Germany in respect of the
                     European Agricultural Guidance and Guarantee Fund , Guarantee Section, expenditure for
                                                                        1980
                                                      ( Only the German text is authentic)
                                                                ( 85 / 452 / EEC )
 THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                  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 past of the
 Having regard to the Treaty establishing the European                         expenditure declared , amounting to DM 1 022 005,15 does
 Economic Community ,                                                          satisfy the requirements of these provisions and therefore can
                                                                               be financed ; whereas the Member State has been fully
                                                                               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 )
 No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,                 Whereas the Decisions concerning the clearance of accounts
                                                                               for 1978 and 1979 excluded the financing of the following
                                                                               amounts , DM 1 153 180,45 and DM 384 991,41 in die
                                                                               wine sector, on condition that the expenditure or a part of it
 After consulting the Fund Committee ,                                         may be recognized in the clearance of accounts 1980 ,
                                                                               provided the Member State furnishes the evidence necessary
                                                                               for Community financing. In fact , this evidence has been
                                                                               provided and consequently an amount of DM 1 479 686,21
 Whereas , under Article 5 ( 2 ) ( b ) of Regulation (EEC )                    may be taken into consideration ;
 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
                                                                              Whereas , under Council Regulation (EEC ) No 1078 / 77 of
 Regulation ;
                                                                               17 May 1977 introducing a system of premiums for the
                                                                              non-marketing of milk and milk products and for the
 Whereas Germany has transmitted to the Commission the                        conversion of dairy herds ( 4 ), as last amended by Regulation
 documents required to clear the accounts for 1980 ; whereas                  ( EEC ) No 1300 / 84 ( s ), 60 % of expenditure on those
 the latter has carried out on-the-spot inspections as provided               measures is borne by the Guarantee Section of the EAGGF
 for in Article 9 ( 2 ) of Regulation ( EEC ) No 729 / 70 ;                    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
 Whereas Article 8 of Commission Regulation ( EEC )                           common measure within the meaning of Article 6 ( 1) of that
No 1723 / 72 of 26 July 1972on the clearance of the accounts                  Regulation ; whereas it is therefore necessary to include
of the European Agricultural Guidance and Guarantee Fund ,                    Guidance Section expenditure when clearing the accounts in
 Guarantee Section ( 3 ), provides that the Decision to clear the             respect of expenditure financed by the EAGGF;
 accounts must include the determination of the amount of
 expenditure incurred in each Member State during the
financial year in question recognized as chargeable to the                    Whereas the present Decision does not prejudge the financial
Fund , Guarantee Section , and also the determination of the                  consequences which may be drawn in any subsequent
amount of the Community's financial resources still available                 clearance of accounts procedure for national aids in
in each Member State;                                                         accordance with Article 93 of the Treaty or infringement
                                                                              procedures under Article 169 of the Treaty currently in
                                                                              progress or concluded after the date of 3 1 March 1985 or as a
Whereas , under Articles 2 and 3 of Regulation ( EEC )                        result of infringements in 1980 or national aids incompatible
No 729 / 70 , only refunds on exports to non-member                           with the Treaty paid in 1980 having affected the expenditure
countries and intervention intended to stabilize agricultural                 charged to the EAGGF in any financial year subsequent to
                                                                              that of 1980;
H OJ No L 94 , 28 . 4 . 1970 , p. 13 .
( 2 ) OJ No L 95 , 2 . 4 . 1985 , p. 1 .                                      (<) OJ No L 1 31 , 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--- No L 267 / 14                              Official Journal of the European Communities                                    9 . 10 . 85
Whereas this Decision does not prejudice any financial                amounts , in accordance        with    Annex    II ,  to    DM
consequences which may be determined by the Commission                218 366 430,84 .
in the course of a subsequent clearance of accounts relating to
current investigations , financial losses resulting from
irregularities in the meaning of Article 8 of Regulation ( EEC )                                Article 2
No 729 / 70 or judgments by the Court of Justice on cases
currently under consideration and concerning matters which            The financial resources available at the end of 1980 amount ,
are also the subject of this Decision ,                               in accordance with Annex I , to DM 139 357 564,68 and , in
                                                                      accordance with Annex II , to DM 1 061 185,39 .
HAS ADOPTED THIS DECISION :
                                                                                                Article 3
                           Article 1
                                                                      This Decision is addressed to the Federal Republic of
1.     The expenditure by the Federal Republic of Germany             Germany .
recognized as chargeable to the European Agricultural
Guidance and Guarantee Fund , Guarantee Section , in                  Done at Brussels , 28 August 1985 .
respect of the 1980 financial year amounts , in accordance
with Annex I , to DM 6 022 907 599,74 .                                                                     For the Commission
                                                                                                             Frans ANDRIESSEN
2.     The expenditure recognized as chargeable to the
EAGGF , pursuant to Regulation ( EEC ) No 1078 / 77 ,                                                           Vice-President
 ---pagebreak--- 9 . 10 . 85                                      Official Journal of the European Communities                             No L 267 / 15
                                                                     ANNEX I
                 Clearance of the accounts concerning the expenditure financed by the EAGGF, Guarantee Section, for 1980 (*)
                                                                                                        DM)
            1.    Funds available after clearance of the accounts for 1979                                   - 118 734 835,58
            2 . Advances received for 1980                                                                    6 281 000 000,00
            3 . Total funds available to cover expenditure for 1980                                          6 162 265 164,42
            4 . Expenditure recognized for 1980 :
                  ( a ) Expenditure declared                                          6 020 405 908,38
                  ( b ) Supplementary expenditure recognized :                          + 1 022 005,15
                        — of which definitive decision deferred to 1982
                  ( c ) Elimination of reserves for previous years                      + 1 479 686,21
                  ( d ) Expenditure recognized                                                                6 022 907 599,74
            5 . Funds available after clearance of accounts for the 1980                                        139 357 564,68
            ( J ) 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
                                                                        1980
                                                                                                       (DM )
            1 . Funds available after clearance of the accounts for 1979                                        38 027 616,23
            2 . Advances received for 1980                                                                     181 400 000,00
            3 . Total funds to cover expenditure for 1980                                                      219 427 616,23
            4 . Expenditure incurred in 1980 chargeable to the EAGGF of
                  which :                                                                                      218 366 430,84
                  ( a ) Guarantee Section                                              131 019 858,51
                  ( b ) Guidance Section                                                 87 346 572,33
            5 . Funds available after clearance of the accounts for 1980                                         1 061 185,39