CELEX: 31985D0456
Language: en
Date: 1985-08-28 00:00:00
Title: 85/456/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the French Republic in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1981

No L 267 / 24                              Official Journal of the European Communities                                              9 . 10 . 85
                                                       COMMISSION DECISION
                                                            of 28 August 1985
                    on the clearance of the accounts presented by the French Republic in respect of the European
                        Agricultural Guidance and Guarantee Fund , Guarantee Section , expenditure for 1981
                                                     ( Only the French text is authentic )
                                                              ( 85 / 456 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                whereas the inspections carried out show that a part of the
                                                                            expenditure declared amounting to FF 64 948 953,78 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
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 prejudge the financial
                                                                            consequences which may be drawn in any subsequent
                                                                            clearance of accounts for national aids in accordance with
Whereas France has transmitted to the Commission the                        Article 93 of the Treaty or infringement procedures under
documents required to clear the accounts for 1981 ; 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 1981 or national aids incompatible with the
                                                                            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
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 France recognized as chargeable to
                                                                            the European Agricultural Guidance and Guarantee Fund ,
( 5 ) 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 / 25
Guarantee Section , in respect of the 1981 financial                in accordance with Annex I , to FF 438 032 469,86 and , in
year amounts , in accordance with Annex I , to FF                   accordance with Annex II , to FF 52 605 419,90 .
18 718 513 137,03 .
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  FF       This Decision is addressed to the Republic of France .
174 006 149,66 .
                                                                    Done at Brussels , 28 August 1985 .
                                                                                                        For the Commission
                          Article 2
                                                                                                         Frans ANDRIESSEN
The financial resources available at the end of 1981 amount ,                                               Vice-President
 ---pagebreak--- No L 267 / 26                                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 (')
                                                                                                     FF)
         1.   Funds available after clearance of the accounts for 1980                                       567 545 606,89
        2.    Advances received for 1981                                                                 19 589 000 000,00
        3 . Total funds available to cover expenditure for 1981                                          20 156 545 606,89
        4 . Expenditure recognized for 1981 :
              ( a ) Expenditure declared                                        18 783 462 090,81
              ( b ) Expenditure not recognized :                                  - 64 948 953,78
                    — of which definitive decision deferred to 1982               (-1 082 134,47 )
              ( c ) Elimination of reserves for previous years                           —
              ( d ) Expenditure recognized                                                               18 718 513 137,03
         5.   Funds available after clearance of accounts for 1981                                        1 438 032 469,86
         (') 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
                                                                    1981
                                                                                                    (FF)
         1 . Funds available after clearance of the accounts for 1980                                        11 611 569,56
         2 . Advances received for 1981                                                                     215 000 000,00
         3 . Total funds available to cover expenditure in 1981                                            226 611 569,56
         4 . Expenditure incurred in 1981 chargeable to the EAGGF of
              which :                                                                                       174 006 149,66
              (a)    Guarantee Section                                             104 403 689,79
              ( b ) Guidance Section                                                69 602 459,87
         5.   Funds available after clearance of the accounts for 1981                                       52 605 419,90