CELEX: 31985D0464
Language: en
Date: 1985-08-28 00:00:00
Title: 85/464/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Kingdom of the Netherlands in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1981

No L 267 / 46                               Official Journal of the European Communities                                             9 . 10 . 85
                                                        COMMISSION DECISION
                                                             of 28 August 1985
                    on the clearance of the accounts presented by the Kingdom of the Netherlands in respect of the
                    European Agricultural Guidance and Guarantee Fund , Guarantee Section , expenditure for
                                                                      1981
                                                      ( Only the Dutch text is authentic )
                                                               ( 85 / 464 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                 whereas the inspections carried out show that a part of the
                                                                             expenditure declared amounting to F1 40 774 643,26 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 ;
                                                                             Whereas , under Council Regulation ( EEC ) No 1078 / 77 of
Having regard to Council Regulation ( EEC ) No 729 / 70 of                   17 May 1977 introducing a system of premiums for the
21 April 1970 on the financing of the common agricultural                    non-marketing of milk and milk products and for the
policy ( J ), as last amended by Regulation ( EEC )                          conversion of dairy herds ( 4 ), as last amended by Regulation
No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,                ( 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
After consulting the Fund Committee ,                                        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
Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )                  Regulation ; whereas it is therefore necessary to include
No 729 / 70 , the Commission , on the basis of the annual                    Guidance Section expenditure when clearing the accounts in
accounts presented by the Member States , clears the accounts                respect of expenditure financed by the EAGGF ;
of the authorities and bodies referred to in Article 4 of that
Regulation ;                                                                 Whereas the present Decision does not prejude the financial
                                                                             consequences which may be drawn in any subsequent
                                                                             clearance of accounts for national aids in accordance with
Whereas the Netherlands has transmitted to the Commission                    Article 93 of the Treaty or infringement procedures under
the documents required to clear the accounts for 1981 ;                      Article 169 of the Treaty currently in progress or concluded
whereas the latter has carried out on-the-spot inspections                   after the date of 31           March       1985 or as a result of
as provided for in Article 9 ( 2 ) of Regulation ( EEC )                     infringements in 1981 or national aids incompatible with the
No 729 / 70 ;                                                                Treaty paid in 1981 having affected the expenditure charged
                                                                             to the EAGGF in any financial year subsequent to that of
Whereas Article 8 of Commission Regulation ( EEC )                           1981 ;
No 1723 / 72 of 26 July 1972 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
Guarantee Section ( 3 ), provides that the Decision to clear the
accounts must include the determination of the amount of
                                                                             clearance of accounts relating to current investigations ,
                                                                             financial losses resulting from irregularities in the meaning of
expenditure incurred in each Member State during the
                                                                             Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
financial year in question recognized as chargeable to the
Fund , Guarantee Section , and also the determination of the
                                                                             the Court of Justice on cases currently under consideration
                                                                             and concerning matters which are also the subject of this
amount of the Community's financial resources still available
                                                                             Decision ,
in each Member State ;
Whereas , under Articles 2 and 3 of Regulation ( EEC )
                                                                             HAS ADOPTED THIS DECISION :
No 729 / 70 , only refunds on exports to non-member
countries and intervention intended to stabilize agricultural
markets , respectively granted and undertaken according to                                                  Article 1
Community rules within the framework of the common
organization of agricultural markets , may be financed ;
                                                                             1.      The expenditure by the Netherlands recognized as
                                                                             chargeable to the European Agricultural Guidance and
(0 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 / 47
Guarantee Fund , Guarantee Section , in respect of the 1981         in accordance with Annex II , to a negative balance of
financial year amounts , in accordance with Annex I , to            F1 749 391,05 .
F1 3 230 117 361,18 .
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   F1
                                                                    This Decision is addressed to the Kingdom of the
29 101 608,32 .                                                     Netherlands .
                                                                    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 Annex I , to F1 143 101 410,40 and ,                                                     Vice-President
 ---pagebreak--- No L 267 / 48                                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 0 )
                                                                                                    (PI)
         1.   Funds available after clearance of the accounts for 1980                                       148 218 771,58
        2.    Advances received for 1981                                                                  3 225 000 000,00
        3 . Total funds available to cover expenditure for 1981                                           3 373 218 771,58
        4 . Expenditure recognized for 1981 :
              ( a ) Expenditure declared                                          3 270 892 004,44
              ( b ) Expenditure not recognized :                                   - 40 774 643,26
                    — of which definitive decision deferred to 1982
              ( c ) Elimination of reserves for previous years
              ( d ) Expenditure recognized                                                                3 230 117 361,18
         5.   Funds available after clearance of accounts for 1981                                           143 101 410,40
         (*) Excluding expenditure on measures under Regulation ( EEC ) No 1078 / 77 .
                                                                 ANNEX 11
         Clearance of the accounts concerning the expenditure financed by the EAGGF under Regulation ( EEC ) No 1078 / 77 for
                                                                    1981
                                                                                                    (Fl)
         1 . Funds available after clearance of the accounts for 1980                                       - 1 647 782,73
         2 . Advances received for 1981                                                                       30 000 000,00
         3 . Total funds available to cover expenditure for 1981                                              28 352 217,27
         4 . Expenditure incurred in 1981 chargeable to the EAGGF of
              which :                                                                                         29 101 608,32
              ( a ) Guarantee Section                                               17 460 964,99
              ( b ) Guidance Section                                                11 640 643,33
         5.   Funds available after clearance of the accounts for 1981                                      -    749 391,05