CELEX: 31985D0457
Language: en
Date: 1985-08-28 00:00:00
Title: 85/457/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by Ireland 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 / 27
                                                        COMMISSION DECISION
                                                             of 28 August 1985
                    on the clearance of the accounts presented by Ireland in respect of the European Agricultural
                                 Guidance and Guarantee Fund , Guarantee Section , expenditure for 1980
                                                     ( Only the English text is authentic )
                                                               ( 85 / 457 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                 whereas the inspections carried out show that a part of the
                                                                             expenditure declared amounting to £ Irl 116 568,13 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 ('), 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 ( s ), 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
                                                                             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 for national aids in accordance with
Whereas Ireland has transmitted to the Commission the                        Article 93 of the Treaty or infringement procedures under
documents required to clear the accounts for 1980 ; whereas                  Article 169 of the Treaty currently in progress or concluded
the latter has carried out on-the-spot inspections as provided               after the date of 31 March 1985 or as a result of
for in Article 9 ( 2 ) of Regulation ( EEC ) No 729 / 70 ;                   infringements in 1980 or national aids incompatible with the
                                                                             Treaty paid in 1980 having affected the expenditure charged
                                                                             to the EAGGF in any financial year subsequent to that of
Whereas Article 8 of Commission Regulation ( EEC )                           1980 ;
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
accounts must include the determination of the amount of
                                                                             consequences which may be drawn in any subsequent
                                                                             clearance of accounts relating to current investigations ,
expenditure incurred in each Member State during the
                                                                             financial losses resulting from irregularities in the meaning of
financial year in question recognized as chargeable to the
                                                                             Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
Fund , Guarantee Section , and also the determination of the
                                                                             the Court of Justice on cases currently under consideration
amount of the Community's financial resources still available
                                                                             and concerning matters which are also the subject of this
in each Member State ;
                                                                             Decision ,
Whereas , under Articles 2 and 3 of Regulation ( EEC )
No 729 / 70 , only refunds on exports to non-member                          HAS ADOPTED THIS DECISION :
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 Ireland recognized as chargeable to
                                                                             the European Agricultural Guidance and Guarantee Fund ,
(') OJ No L 94 , 28 . 4 . 1970 , p. 13 .
( 2 ) OJ No L 95 , 2 . 4 . 1985 , p. 1 .                                     ( 4 ) OJ No I. 131 , 26 . 5 . 1977 , p. 1 .
( 3 ) OJ No L 186 , 16 . 8 . 1972 , p. 1 .                                   ( s ) OJ No L 125 , 12 . 5 . 1984 , p. 3 .
 ---pagebreak--- No L 267 / 28                            Official Journal of the European Communities                                  9 . 10 . 85
Guarantee Section , in respect of the 1980 financial year           1 193 645,71 and , in accordance with Annex II , to a
amounts , in accordance       with    Annex     I,  to  £  Irl      negative balance of £ Irl 252 693,74 .
378 603 265,11 .
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  £  Irl      This Decision is addressed to Ireland .
5 608 216,28 .
                                                                    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 Annex I , to a negative balance of £ Irl                                                 Vice-President
 ---pagebreak--- 9 . 10 . 85                                      Official Journal of the European Communities                               No L 267 / 29
                                                                    ANNEX I
                Clearance of the accounts concerning the expenditure financed by the EAGGF, Guarantee Section , for 1980 (')
                                                                                                      (£ Irl)
            1.   Funds available after clearance of the accounts for 1979                                     - 11 890 380,60
            2 . Advances received for 1980                                                                      389 300 000,00
            3 . Total funds available to cover expenditure for 1980                                             377 409 619,40
            4 . Expenditure recognized for 1980 :
                 ( a ) Expenditure declared                                           378 719 833,24
                 ( b ) Expenditure not recognized :                                     - 116 568,13
                       — of which definitive decision deferred to 1982
                 ( c ) Elimination of reserves for previous years
                ( d ) Expenditure recognized                                                                    378 603 265,11
            5.  Funds available after clearance of accounts for 1980                                          -    1 193 645,71
            (') 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
                                                                                                      (£ Irl)
            1 . Funds available after clearance of the accounts for 1979                                        -    99 477,46
            2 . Advances received for 1980                                                                       5 455 000,00
            3 . Total funds awailable to cover expenditure in 1980                                               5 355 522,54
            4 . Expenditure incurred in 1980 chargeable to the EAGGF of
                which :                                                                                          5 608 216,28
                 (a)    Guarantee Section                                              3 364 929,77
                ( b ) Guidance Section                                                 2 243 286,51
            5 . Funds available after clearance of the accounts for 1980                                        - 252 693,74