CELEX: 31985D0453
Language: en
Date: 1985-08-28 00:00:00
Title: 85/453/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Federal Republic of Germany in respect of the European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for 1981

No L 267 / 16                               Official Journal of the European Communities                                            9 . 10 . 85
                                                        COMMISSION DECISION
                                                             of 28 August 1985
                    on the clearance of the accounts presented by the Federal Republic of Germany in respect of the
                    European Agricultural Guidance and Guarantee Fund , Guarantee Section, expenditure for
                                                                       1981
                                                     ( Only the German text is authentic )
                                                               ( 85 / 453 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                 whereas the inspections carried out show that a part of the
                                                                             expenditure declared , amounting to DM 2 715 250,52 does
                                                                             satisfy the requirements of these provisions and therefore can
Having regard to the Treaty establishing the European                        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 i 1 ), 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 Germany 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 1 972 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 the Federal Republic of Germany
                                                                             recognized as chargeable to the European Agricultural
(') 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 / 17
Guidance and Guarantee Fund , Guarantee- Section , in               in accordance with Annex I , to DM 80 738 773,37 and , in
respect of the 1981 financial year amounts , in accordance          accordance with Annex II , to DM 5 162 551,51 .
with Annex I , to DM 5 070 818 791,31 .
                                                                                             Article 3
2.      The expenditure recognized as chargeable to the
EAGGF , pursuant to Regulation ( EEC ) No 1078 / 77 ,               This Decision is addressed to the Federal Republic of
amounts , in accordance        with    Annex    II , to   DM        Germany .
270 598 633,88 .
                                                                    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 / 18                                 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 (')
                                                                                                    DM )
         1 . Funds available after clearance of the accounts for 1980                                        139 357 564,68
         2 . Advances received for 1981                                                                   5 012 200 000,00
         3 . Total funds available to cover expenditure for 1981                                          5 151 557 564,68
         4 . Expenditure recognized for 1981 :
               ( a ) Expenditure declared                                          5 068 103 540,79
               ( b ) Supplementary expenditure recognized :                         + 2 715 250,52
                     — of which definitive decision deferred to 1982
               ( c ) Elimination of reserves for previous years
               ( d ) Expenditure recognized                                                               5 070 818 791,31
         5 . Funds available after clearance of accounts for 1981                                             80 738 773,37
         ( J ) 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
                                                                     1Q«1
                                           1
                                                                                                    (DM )
          1 . Funds available after clearance of the accounts for 1980                                         1 061 185,39
          2 . Advances received for 1981                                                                    274 700 000,00
          3 . Total funds available to cover expenditure for 1981                                          275 761 185,39
          4 . Expenditure incurred in 1981 chargeable to the EAGGF of
                which :                                                                                     270 598 633,88
                ( a ) Guarantee Section                                              162 359 180,33
                ( b ) Guidance Section                                               108 239 453,55
          5 . Funds available after clearance of the accounts for 1981                                         5 162 551.51