CELEX: 51987PC0009
Language: en
Date: 1987-01-16
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE MONITORING OF THE PAYMENT OF THE AMOUNTS GRANTED ON EXPORT OF AGRICULTURAL PRODUCTS

6.2.87                                     Official Journal of the European Communities                                 No C 29/5
               Proposal for a Council Regulation amending for the 12th time Regulation (EEC) No 1837/80
                             on the common organization of the market in sheepmeat and goatmeat
                                                          COM(87) 8 final
                                 (Submitted by the Commission to the Council on 19 January 1987)
                                                            (87/C 29/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               higher than in region 1 and this is reflected in the level
                                                                       of the average market price; whereas consequently the
Having regard to the Treaty establishing the European                  system of calculating income loss laid down in Article 5
Economic Community, and in particular Article 43                       of Regulation (EEC) No 1837/80 gives producers in
thereof,                                                               region 7 greater compensation for their losses than
                                                                       producers in region 1; whereas it is appropriate to give
Having regard to the proposal from the Commission,
                                                                       producers in region 7 an increase to reflect the premiums
Having regard to the opinion of the European Parlia-                   given to producers in region 1; whereas Article 5 of
ment,                                                                  Regulation (EEC) No 1837/80 should be amended
                                                                       accordingly,
Having regard to the opinion of the Economic and
Social Committee,                                                      HAS ADOPTED THIS REGULATION:
Whereas Article 5 of Council Regulation (EEC) No
                                                                                                  Article 1
1837/80 O , as last amended by Regulation (EEC) No
. . . , made provision, with a view to compensating for the            The following paragraph 5 a is hereby inserted in Article
loss of revenue of producers in certain regions, for                   5 of Regulation (EEC) N o 1837/80:
granting a premium payable per ewe; whereas the
abovementioned provision, contrary to what is laid down                     '5a.   However for the 1987 and 1988 marketing
for region 1, did not provide for the application in                        years the ewe premium calculated for region 7 shall
region 7 of the specific arrangements based on the                          be increased by half the difference between it and
granting under certain conditions of the premiums paid                      that paid in region 1 under the terms of paragraph 5,
in region 2; whereas, because of the age and quality of                     should the latter be higher.'
the lambs being slaughtered, producers in region 7 are in
a similar situation to those in region 1, who in addition                                         Article 2
have the benefit of the abovementioned specific
arrangements; whereas however in region 7 the pro-                     This Regulation shall enter into force on the third day
portion of producers meeting the conditions laid down                  following that of its publication in the Official Journal of
for application of the specific arrangements is distinctly             the European Communities.
                                                                       This Regulation shall be binding in its entirety and
 (') O J N o L 183, 16.7. 1980, p. 1.                                  directly applicable in all Member States.
                Proposal for a Council Regulation on the monitoring of the payment of the amounts granted on
                                                    export of agricultural products
                                                           COM(87) 9 final
                                  (Submitted by the Commission to the Council on 19 January 1987)
                                                             (87/C 29/07)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas, pursuant to Article 8 of Council Regulation
                                                                        (EEC) No 729/70 of 21 April 1970 on the financing of
  Having regard to the Treaty establishing the European                 the common agricultural policy (*), as last amended by
  Economic Community, and in particular Article 43                      Regulation (EEC) No 3796/85 (2), Member States take
  thereof,                                                              the measures necessary to satisfy themselves that
                                                                        transactions financed by the European Agricultural
  Having regard to the proposal from the Commission,
  Having regard to the opinion of the European Parlia-                  («) OJ No L 94, 28. 4. 1970, p. 13.
  ment,                                                                 (2) OJ No L 362, 31. 12. 1985, p. 17.
 ---pagebreak--- No C 29/6                                       Official Journal of the European Communities                                   6.2.87
Guidance and Guarantee Fund (EAGGF) are actually                           the payment of refunds on exports of goods and all other
carried out and are executed correctly, to prevent and                     amounts in respect of export transactions have actually
deal with irregularities and to recover sums lost as a                     been carried out and have been executed correctly.
result of irregularities or negligence;                                    These procedures shall include the obligation for
                                                                           Member States to carry out:
Whereas in its special report on the system of payment
                                                                           (a) physical checks on goods, on the basis of documents
of agricultural export refunds, dated 5 July 1985 ('), the
                                                                                submitted in support of the export declaration,
Court of Auditors drew attention to a number of
                                                                                before authorization is given for the goods in
shortcomings in the monitoring of the payments of
                                                                                question to be exported; and
refunds in certain Member States;
                                                                           (b) scrutiny of the documents in the refund application
Whereas the report suggests that the system which, in                           file; and
principle, would afford the best safeguards without
engendering          administrative       costs    and     economic        (c) ex post facto auditing of the commercial documents
constraints outweighting the prospective gains for the                          of the beneficiaries, hereinafter referred to as the
Community purse would be a system which combined                                'undertakings'.
measures to monitor movements of goods and measures
to monitor the accounts;                                                   2.     For the purposes of this Regulation, the term
                                                                           'goods' means products in respect of which the amounts
                                                                           referred to in paragraph 1 are paid in accordance with
Whereas, in order to improve and harmonize the
                                                                           Community provisions adopted within the framework of
measures taken by the Member States, a Community
                                                                           the common agricultural policy.
monitoring system should be set up;
Whereas such a system must be founded on physical spot                                               Article 2
checks of goods at the time of export, the scrutiny of the                 1.     Without prejudice to any specific provisions which
refund application files submitted by the paying agencies                  require more extensive checks, the physical checks
and ex post facto auditing of the accounts of the under-                   referred to in Article 1 must take the form of spot checks
takings concerned by the competent authorities;                            conducted frequently and without prior warning. In all
                                                                           cases spot checks must relate to a representative sample
Whereas physical spot checks of goods must also be                         of not less than 5 % of the export declarations in respect
carried out on goods exported under a simplified                           of which applications have been submitted for the
procedure;                                                                 amounts specified in Article 1(1).
Whereas the number of physical checks and laboratory                       2.     In cases where ordinary visual inspection fails to
tests must be increased in view of the importance of agri-                 establish that the goods correspond to the description
cultural refunds from the point of view of the                             given in the refunds nomenclature, and where classi-
Community budget;                                                          fication of the goods requires very precise information
                                                                           about the ingredients thereof, the customs authorities
Whereas the existing laboratories in the Member States                     shall verify the description by submitting the goods for
should be equipped with proper facilities capable of                       analysis by laboratories specially equipped for the
furnishing results of sufficient accuracy;                                 purpose.
Whereas the provisions of Council Directive 77/435/                        3.     The checks referred to in paragraphs 1 and 2 shall
EEC (2) provide only for the inspection of a limited                       be carried out without prejudice to any measures which
number of undertakings on the basis of spot checks of                      the customs authorities may take to ensure that the
commercial and accounting documents;                                       goods leave the customs territory in the same state as
                                                                           when the export authorization was granted.
Whereas, to supplement the physical checks, the auditing
 of accounts should, in principle, be conducted ex post                                              Article 3
facto in all undertakings which have received refunds                       Paying agencies shall scrutinize, on the basis of the
 and/or other amounts in respect of export transactions                     refund application files and other available information,
 totalling more than 50 000 ECU,                                            all the evidence in these files adduced to justify the
                                                                            payment of the refunds in question.
 HAS ADOPTED THIS REGULATION:
                                                                                                     Article 4
                                Article 1                                   1.    The competent authorities of the Member States
                                                                            shall, on the basis of the commercial documents of the
 1.    This Regulation concerns the procedures for                          undertakings concerned, scrutinize all the external
 verifying that proper operations conferring entitlement to                 trading activities of such undertakings which might be
                                                                            directly or indirectly linked with the transactions
 (') O J N o C 2 1 5 , 26. 8. 1985, p. 1.                                   conferring entitlement to the amounts referred to in
 O O J N o L 172, 12.7. 1977, p. 17.                                        Article 1 (1).
 ---pagebreak--- 6.2.87                                 Official Journal of the European Communities                                No C 29/7
2.    The scrutiny referred to in paragraph 1 shall                                               Article 6
include at least all undertakings which have received
amounts totalling more than 50 000 ECU in a calendar              Articles 1 (2), 2 (3), and 3 to 9 of Directive 77/435/EEC
year. It shall be carried out within three years after the        shall apply mutatis mutandis.
year of payment of the amounts in question.                                                       Article 7
3.    Undertakings whose transactions have been                   Any provisions required for the application of this Regu-
scrutinized pursuant to Directive 77/435/EEC shall not            lation shall be adopted in accordance with the procedure
normally be subjected to the controls provided for in this        laid down in Article 26 of Council Regulation (EEC)
Regulation in respect of the same period of time.                 No 2727/75 (') or, as appropriate, the corresponding
                                                                  articles of the other Regulations on the common organi-
                                                                  zation of markets.
                          Article 5
                                                                                                 Article 8
Member States shall take steps to coordinate the controls
imposed on individual undertakings ensuring that the              This Regulation shall enter into force on the day of its
verifications provided for in Article 2 are conducted on          publication in the Official Journal of the European
the same occasion as those provided for in Articles 3 and         Communities.
4. Such controls shall be carried out, in particular in           This Regulation shall be binding in its entirety and
cases of suspected fraud, on the initiative or at the             directly applicable in all Member States.
request of the customs authorities making the physical
checks or the competent authorities scrutinizing the
refund applications or auditing the accounts ex post facto.       (') O J N o L 2 8 1 , 1. 11. 1975, p. 1.