CELEX: 31985D0461
Language: en
Date: 1985-08-28 00:00:00
Title: 85/461/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Grand Duchy of Luxembourg in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1980 and amending Decisions 83/38/EEC and 83/49/EEC

9 . 10 . 85                                   Official Journal of the European Communities                                       No L 267 / 37
                                                           COMMISSION DECISION
                                                               of 28 August 1985
                     on the clearance of the accounts presented by the Grand Duchy of Luxembourg in respect of the
                     European Agricultural Guidance and Guarantee Fund , Guarantee Section , expenditure for
                                         1980 and amending Decisions 83 / 38 / EEC and 83 / 49 / EEC
                                                        ( Only the French text is authentic )
                                                                 ( 85 / 461 / EEC )
 THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                   be recognized in the clearance of accounts 1980 , provided the
                                                                                Member State furnishes the evidence necessary for
                                                                                Community financing . This evidence was provided in part
                                                                                for an amount of Lfrs 34 134 and this may subseqently be
 Having regard to the Treaty establishing the European                          financed ;
 Economic Community ,
                                                                                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 ('), 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
                                                                                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
Regulation ;                                                                   Whereas the present Decision does not prejudge the financial
                                                                               consequences which may be drawn in any subsequent
                                                                               clearance of accounts procedure for national aids in
Whereas Luxembourg has transmitted to the Commission                           accordance with Article 93 of the Treaty or infringement
the documents required to clear the accounts for 1980 ;                        procedures under Article 169 of the Treaty currently in
whereas the latter has carried out on-the-spot inspections as                  progress or concluded after the date of 31 March 1985 or as a
provided for in Article 9 ( 2 ) of Regulation ( EEC )                          result of infringements in 1980 or national aids incompatible
No 729 / 70 ;
                                                                               with the Treaty paid in 1980 having affected the expenditure
                                                                               charged to the EAGGF in any financial year subsequent to
Whereas Article 8 of Commission Regulation ( EEC )                             that of 1980 ;
No 1 723 / 72 of 26 July 1 972 on the clearance of the accounts
of the European Agricultural Guidance and Guarantee Fund ,
Guarantee Section ( 3 ), provides that the Decision to clear the               Whereas the present Decision does not prejudice the financial
accounts must include the determination of the amount of                       consequences which may be drawn in any subsequent
expenditure incurred in each Member State during the                           clearance of accounts relating to current investigation ,
financial year in question recognized as chargeable to the                     financial losses resulting from irregularities in the meaning of
Fund , Guarantee Section , and also the determination of the                   Article 8 of Regulation ( EEC ) No 729 / 70 or judgements by
amount of the Community's financial resources still available                  the Court of Justice on cases currently under consideration
in each Member State ;                                                         and concerning matters which are also the Subject of this
                                                                               Decision ;
Whereas the Decision concerning the clearance of accounts
for 1978 excluded the financing of Lfrs 102 402 in the wine                    Whereas , in Commission Decisions 83 / 38 / EEC and
sector , on condition that the expenditure or a part of it may                 83 / 49 / EEC of 14 January 1983 , a fraction of the declared
(') OJ No L 94 , 28 . 4 . 1970 , p. 13 .
( 2 ) OJ No L 95 , 2 . 4 . 1985 , p. 1 .                                       (") 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--- No L 267 / 38                             Official Journal of the European Communities                                    9 . 10 . 85
expenditure in the wine sector corresponding to the aid paid         Guarantee Fund , Guarantee Section , in respect of the 1980
for the private storage af table wine was not financed on the        financial year amounts , in accordance with Annex I , to Lfrs
grounds that these amounts were not granted in conformity            466 .326 777 .
with Community rules foreseen by the common organization
of the market in the wine sector ;                                   2.    The expenditure recognized as chargeable to the
                                                                     EAGGF pursuant to Regulation ( EEC ) No 1078 / 77
Whereas , in the judgment given on 12 July 1984 on case              amounts , in accordance with Annex II , to Lfrs
49 / 83 , the Court of Justice annulled Decisions 83 / 38 / EEC      12 835 383 .
and 83 / 49 / EEC in as far as they refused to place at the
charge of the EAGGF , Guarantee Section , a third of the
expenditure effected by the Grand Duchy of Luxembourg ,
for the financial years 1976 and 1977 as aid for the private                                    Article 2
storage of table wines ;
Whereas , under the terms of Article 176 of the Treaty , the         The financial resources available at the end of 1980 amount ,
Commission is bound to take the necessary measures to                in accordance with Annex I , to Lfrs 9 783 466 and , in
comply with the judgement ot the Court of Justice ; that the         accordance with Annex II , to Lfrs 3 443 378 .
EAGGF , Guarantee Section , therefore , takes into charge the
expenditure effected by the Grand Duchy of Luxembourg
during the financial years 1976 and 1977 respectively Lfrs
                                                                                                Article 3
3 218 844 and Lfrs 1 716 600 , totalling Lfrs 4 935 444
( positive correction ),
                                                                     This Decision is addressed to the Grand Duchy of
                                                                     Luxembourg .
HAS ADOPTED THIS DECISION :
                                                                     Done at Brussels , 28 August 1985 .
                            Article 1
                                                                                                           For the Commission
                                                                                                            Frans ANDRIESSEN
1.      The expenditure by Luxembourg recognized as
chargeable to the European Agricultural Guidance and                                                           Vice-President
 ---pagebreak--- 9 . 10 . 85                                        Official Journal of the European Communities                            No L 267 / 39
                                                                       ANNEX I
                Clearance of the accounts concerning the expenditure financed by the EAGGF, Guarantee Section , for 1980 ( J )
                                                                                                      (Lfrs)
            1.   Funds available after clearance of the accounts for 1979                                        11 110 243
            2.  Advances received for 1980                                                                     465 000 000
            3.  Total funds available to cover expenditure for 1980                                            476 110 243
            4.   Expenditure recognized for 1980 :
                 ( a ) Expenditure declared                                            461 357 199
                 ( b ) Expenditure not recognized :                                          —
                       — of which definitive decision deferred to 1982                       —
                 ( c ) Elimination of reserves for previous years                          + 34 134
                 ( d ) Expenditure recognized following modification of Decisions
                       83 / 38 / EEC and 83 / 49 / EEC                                  + 4 935 444
                 ( e ) Expenditure recognized                                                                  466 326 777
            5.   Funds       available after   clearance   of  accounts  for   1980                                9 783 466
            0 ) 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
                                                                                                      (Lfrs)
            1 . Funds available after clearance of the accounts for 1979                                       -    2 021 239
            2.   Advances received for 1980                                                                       18 300 000
            3 . Total to cover expenditure in 1980                                                                16 278 761
            4 . Expenditure incurred in 1980 chargeable to the EAGGF of
                 which :                                                                                          12 835 383
                 (a)    Guarantee Section                                                7 701 229
                 ( b ) Guidance Section                                                  5 134 154
            5 . Funds available after clearance of the accounts for 1980                                            3 443 378