CELEX: 31985D0462
Language: en
Date: 1985-08-28 00:00:00
Title: 85/462/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 1981

No L 267 / 40                               Official Journal of the European Communities                                           9 . 10 . 85
                                                       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
                                                                     1981
                                                     ( Only the French text is authentic )
                                                              ( 85 / 462 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                ( 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
Having regard to the Treaty establishing the European                       measures count as intervention within the meaning of
Economic Community ,                                                        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
                                                                            Guidance Section expenditure when clearing the accounts in
Having regard to Council Regulation ( EEC ) No 729 / 70 of                  respect of expenditure financed by the EAGGF ;
21 April 1970 on the financing of the common agricultural
policy ('), as last amended by Regulation ( EEC )
No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,
                                                                            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
                                                                            accordance with Article 93 of the Treaty or infringement
After consulting the Fund Committee ,                                       procedures under Article 169 of the Treaty currently in
                                                                            progress or concluded after the date of 31 March 1985 or as a
                                                                            result of infringements in 1981 or national aids incompatible
Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )                 with the Treaty paid in 1981 having affected the expenditure
No 729 / 70 , the Commission , on the basis of the annual                   charged to the EAGGF in any financial year subsequent to
accounts presented by the Member States , clears the accounts               that of 1981 ;
of the authorities and bodies referred to in Article 4 of that'
Regulation ;                                                                Whereas the present Decision does not prejudice the financial
                                                                            consequences which may be drawn in any subsequent
                                                                            clearance of accounts relating to current investigations ,
Whereas Luxembourg has transmitted to the Commission                        financial losses resulting from irregularities in the meaning of
the documents required to clear the accounts for 1981 ;                     Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
whereas the latter has carried out on-the-spot inspections as               the Court of Justice on cases currently under consideration
provided for in Article 9 ( 2 ) of Regulation ( EEC )                       and concerning matters which are also the subject of this
No 729 / 70 ;                                                               Decision ,
Whereas Article 8 of Commission Regulation ( EEC )
No 1723 / 72 of 26 July 1972 on the clearance of the accounts
of the European Agricultural Guidance and Guarantee Fund ,
Guarantee Section ( 3 ), provides that the Decision to clear the            HAS ADOPTED THIS DECISION :
accounts must include the determination of the amount of
expenditure incurred in each Member State during the
financial year in question recognized as chargeable to the
                                                                                                           Article 1
Fund , Guarantee Section , and also the determination of the
amount of the Community's financial resources still available
in each Member State ;
                                                                            1.      The expenditure by Luxembourg recognized as
                                                                            chargeable to the European Agricultural Guidance and
Whereas , under Council Regulation ( EEC ) No 1078 / 77 of                  Guarantee Fund , Guarantee Section , in respect of the 1981
17 May 1977 introducing a system of premiums for the                        financial year amounts , in accordance with Annex I , to
non-marketing of milk and milk products and for the                         Lfrs 144 160 572 .
conversion of dairy herds ( 4 ), as last amended by Regulation
                                                                            2.      The expenditure recognized as chargeable to the
(!) OJ No  L 94 , 28 . 4 . 1970 , p. 13 .                                   EAGGF pursuant to Regulation ( EEC ) No 1078 / 77
(2) OJ No  L 95 , 2 . 4 . 1985 , p. 1 .
(3) OJ No  L 186 , 16 . 8 . 1972 , p. 1 .
(4) OJ No  L  131 , 26 . 5 . 1977 , 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 / 41
amounts ,   in   accordance    with    Annex     II , to  Lfrs                              Article 3
34 246 725 .
                                                                    This Decision is addressed to the Grand Duchy of
                                                                    Luxembourg.
                          Article 2                                 Done at Brussels , 28 August 1985 .
                                                                                                        For the Commission
The financial resources available at the end of 1981 amount ,
                                                                                                         Frans ANDRIESSEN
in accordance with Annex I , to Lfrs 23 122 894 and , in
accordance with Annex II , to Lfrs 2 896 653 .                                                              Vice-President
 ---pagebreak--- No L 267 / 42                                 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 ( ! )
                                                                                                    (Lfrs)
         1 . Funds available after clearance of the accounts for 1980                                            9 783 466
         2 . Advances received for 1981                                                                       157 500 000
         3 . Total funds available to cover expenditure for 1981                                              167 283 466
         4 . Expenditure recognized for 1981 :
               ( a ) Expenditure declared                                            144 160 572
               ( b ) Expenditure not recognized :
                     — of which definitive decision deferred to 1982
               ( c ) Elimination of reserves for previous years
               ( d ) Expenditure recognized                                                                    144 160 572
         5 . Funds available after clearance of accounts for 1981                                               23 122 894
         ( x ) 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
                                                                                                     (Lfrs)
          1 . Funds available after clearance of the accounts for 1980                                           3 443 378
          2 . Advances received for 1981                                                                        33 700 000
          3 . Total funds available to cover expenditure for 1981                                               37 143 378
          4 . Expenditure incurred in 1981 chargeable to the EAGGF of
                which :                                                                                         34 246 725
                ( a ) Guarantee Section                                               20 548 035
                ( b ) Guidance Section                                                13 698 690
          5 . Funds available after clearance of the accounts for 1981                                           2 896 653