CELEX: 31985D0455
Language: en
Date: 1985-08-28 00:00:00
Title: 85/455/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 1980

9 . 10 . 85                                Official Journal of the European Communities                                          No L 267 / 21
                                                         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 1980
                                                       ( Only the French text is authentic)
                                                                ( 85 / 455 / EEC )
  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                countries and intervention intended to stabilize agricultural
                                                                              markets , respectively granted and undertaken according to
                                                                              Community rules within the framework of the common
                                                                              organization of agricultural markets , may be financed ;
  Having regard to the Treaty establishing the European                       whereas the inspections carried out show that a part of the
  Economic Community ,                                                        expenditure declared amounting to FF 31 704 101,31 does
                                                                              not satisfy the requirements of these provisions and therefore
                                                                              cannot be financed ; whereas the Member State has been fully
                                                                              informed of this correction and has been able to give its views
  Having regard to Council Regulation ( EEC ) No 729 / 70 of                  thereon ;
  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 Decisions concerning the clearance of accounts
                                                                              for 1978 and 1979 excluded the financing of the following
                                                                              amounts , FF 65 088 898,79 and FF 61 008 616,74 in the
                                                                              wine sector , on condition that the expenditure or a part of it
  After consulting the Fund Committee ,                                       may be recognized in the clearance of accounts 1980 ,
                                                                              provided the Member State furnishes the evidence necessary
                                                                              for Community financing . In fact , this evidence has been
                                                                              provided and consequently an amount of FF 114 478 467,44
  Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )                 may be taken into consideration ;
  No 729 / 70 , the Commission , on the basis of the annual
  accounts presented by the Member States , clears the accounts
  of the authorities and bodies referred to in Article 4 of that
                                                                              Whereas , under Council Regulation ( EEC ) No 1078 / 77 of
  Regulation ;                                                                17 May 1977 introducing a system of premiums for the
                                                                              non-marketing of milk and milk products and for the
                                                                              conversion of dairy herds ( 4 ), as last amended by Regulation
  Whereas France has transmitted to the Commission the
                                                                              ( EEC ) No 1300 / 84 ( 5 ), 60 % of expenditure on those
  documents required to clear the accounts for 1980 ; whereas                 measures is borne by the Guarantee Section of the EAGGF
  the latter has carried out on-the-spot inspections as provided              and 40 % by the Guidance Section ; whereas the said
  for in Article 9 ( 2 ) of Regulation ( EEC ) No 729 / 70 ;                  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 Article 8 of Commission Regulation ( EEC )                          Regulation ; whereas it is therefore necessary to include
  No 1723 / 72 of 26 July 1 972 on the clearance of the accounts              Guidance Section expenditure when clearing the accounts in
  of the European Agricultural Guidance and Guarantee Fund ,                  respect of expenditure financed by the EAGGF ;
  Guarantee Section ( 3 ), provides that the Decision to clear the
  accounts must include the determination of the amount of
  expenditure incurred in each Member State during the                        Whereas the present Decision does not prejudge the financial
  financial year in question recognized as chargeable to the                  consequences which may be drawn in any subsequent
  Fund , Guarantee Section , and also the determination of the                clearance of accounts for national aids in accordance with
  amount of the Community's financial resources still available               Article 93 of the Treaty or infringement procedures under
  in each Member State ;
                                                                              Article 169 of the Treaty currently in progress or concluded
                                                                              after the date of 31           March       1985 or as a result of
                                                                              infringements in 1980 or national aids incompatible with the
  Whereas , under Articles 2 and 3 of Regulation ( EEC )                      Treaty paid in 1980 having affected the expenditure charged
i No 729 / 70 , only refunds on exports to non-member                         to the EAGGF in any financial year subsequent to that of
                                                                              1980 ;
  (>) 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--- No L 267 / 22                              Official Journal of the European Communities                                    9 . 10 . 85
Whereas the present Decision does not prejudge the financial          amounts ,    in    accordance     with      Annex      II ,   to
consequences which may be drawn in any subsequent                     FF 157 592 594,63 .
clearance of accounts relating to current investigations ,
financial losses resulting from irregularities in the meaning of
Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
the Court of Justice on cases currently under consideration                                     Article 2
and concerning matters which are also the subject of this
Decision ,                                                            The financial resources available at the end of 1980 amount ,
                                                                      in accordance with Annex I , FF 567 545 606,89 and , in
                                                                      accordance with Annex II , to FF 11 611 569,56 .
HAS ADOPTED THIS DECISION :
                            Article 1                                                           Article 3
1.    The expenditure by France recognized as chargeable to           This Decision is addressed to the Republic of France .
the European Agricultural Guidance and Guarantee Fund ,
Guarantee Section , in respect of the 1980 financial                  Done at Brussels , 28 August 1985 .
year amounts , in accordance with Annex I , to
FF 16 665 767 583,40 .                                                                                      For the Commission
                                                                                                             Frans ANDRIESSEN
2.     The expenditure recognized as chargeable to the
EAGGF , pursuant to Regulation ( EEC ) No 1078 / 77 ,                                                           Vice-President
 ---pagebreak--- 9 . 10 . 85                                       Official Journal of the European Communities                               No L 267 / 23
                                                                       ANNEX I
                  Clearance of the accounts concerning the expenditure financed by the EAGGF, Guarantee Section , for 1980 ( J )
                                                                                                          (FF)
            1.     Funds available after clearance of the accounts for 1979                                       232 313 190,29
            2.     Advances received for 1980                                                                  17 001 000 000,00
            3 . Total funds available to cover expenditure for 1980                                            17 233 313 190,29
            4 . Expenditure recognized for 1980 :
                   ( a ) Expenditure declared                                         16 582 993 217,27
                   ( b ) Expenditure not recognized :                                  -  31 704 101,31
                         - of which definitive decision deferred to 1982             (-      532 994,38 )
                   ( c ) Elimination of reserves for previous years                   + 114 478 467,44
                   ( d ) Expenditure recognized                                                                16 665 767 583,40
            5 . Funds available after clearance of accounts for 1980                                              567 545 606,89
            ( ! ) 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
                                                                                                          (FF)
            1 . Funds available after clearance of the accounts for 1979                                         - 5 395 835,81
            2.     Advances received for 1980                                                                     174 600 000,00
            3 . Total funds available to cover expenditure for 1980                                               169 204 164,19
            4 . Expenditure incurred in 1980 chargeable to the EAGGF of
                 ' which :                                                                                        157 592 594,63
                   ( a ) Guarantee Section                                               94 555 556,77
                   ( b ) Guidance Section                                                63 037 037,86
            5.     Funds available after clearance of the accounts for 1980                                        11 611 569,56