CELEX: 31964Q0127
Language: en
Date: 1964-02-05 00:00:00
Title: Financial Regulation of the Council of 5 February 1964 on the European Agricultural Guidance and Guarantee Fund

Official Journal of the European Communities                                           3
27.2.64                     OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                                599/64
                                     FINANCIAL REGULATION OF THE COUNCIL
                                                       of 5 February 1964
                                 on the European Agricultural Guidance and Guarantee Fund
                                                         (64/ 127/EEC)
THE    COUNCIL      OF THE EUROPEAN ECONOMIC                                                   TITLE I
COMMUNITY,
                                                                                          General provisions
Having regard to the Tr-eaty establishing the European
Economic Community, and in particular Article 209                                             Article 1
thereof;                                                           Subject to the special provisions laid down in this Regu­
                                                                   lation, the general provisions of the financial regulations
Having regard to Council Regulation No 25 1 on the                 adopted in pursuance of Article 209 of the Treaty shall
financing of the common agricultural policy;                       apply to the European Agricultural Guidance and Guar­
                                                                   antee Fund (hereinafter called the 'Fund').
Having regard to Council Regulation No 17/64/EEC 2
on the conditions for granting aid from the European
Agricultural Guidance and Guarantee Fund;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European                                                  TITLE II
Parliament3;
                                                                                    Entry of assets in the Budget
Having regard to the Opinion of the Economic and
Social Committee;                                                                       ,     .Article 2
                                                                    1 . The expenditure of the Fund shall form a special sec­
Whereas under Article 1 of Regulation No 25 on the                 tion within the Community1 Budget. This section shall be
financing of the common agricultural policy, the Euro­             divided as follows :                             '
pean Agricultural Guidance, and Guarantee Fund forms
part of the Community budget;                                      (a) for expenditure relating to refunds on exports to third
                                                                         countries (Guarantee Section): one chapter for each
Whereas, in order to enable the European Agricultural                    sector of the common organization of the ^markets to
Guidance and Guarantee Fund to fulfil its task, detailed                 which Regulation No 25 applies;                    ' '
financial and budgetary rules governing its activities             (b) for expenditure relating to intervention on the inter-:
should be laid down;                                                     nal market (Guarantee Section): one chapter for
                                                                         each sector of the common organization of the mar­
Whereas the European Agricultural Guidance and Guar­                     kets to which Regulation No 25 applies in so far as
antee Fund is made up of two sections with different                     such interventions are provided for in the relevant
spheres of application, which in certain cases require                   Regulations , each chapter being subdivided into two
specific financial provisions ;                                          items, one for expenditure in respect of interventions
                                                                         which have an aim and function identical with those
Whereas the number and importance of those financial                  >. of refunds and the other for other interventions on
and budgetary provisions require that they be grouped                > the internal market;
together in a special Financial Regulation for the Euro­           (c) a chapter for expenditure relating to action ' taken
pean Agricultural Guidance and Guarantee Fund,                           within the framework of the Guidance Section.
HAS ADOPTED THIS FINANCIAL REGULATION :
                                                                   2. The Commission shall, before 30 June 1966, submit a
                                                                   report on the conclusions to be drawn from the experi­
 1 OJ No 30, 20.4.1962, p. 991/62.                                 ence gained in applying the provisions of paragraph 1 (a)
2 OJ No 34, 27.2.1964, p. 586/64.                                  and (b) of this Article. It shall, if necessary, . make pro­
3 OJ No 157, 30.10.1963, p. 2649/63.                               posals for amending those provisions.
 ---pagebreak--- 4                                        Official Journal of the European Communities
                           Article 3                                 17/64/EEC on the conditions for granting aid from the
The Commission shall submit each year, in the form of •             European Agricultural Guidance and Guarantee Fund
 an Annex to the preliminary draft budget, a table show­            have been effected .
 ing for the Guidance Section :
                                                                                               A rticle 8
(a) the state of commitments and payments on 31 De­
      cember of the previous year and on 1 September of              1 . The financial contributions as expressed in units of
      the current year;                                             account shall be converted into national currency and
                                                                    credited by each Member State to a special account,
 (b) due dates for expected payments up to the end of the           opened in the Commission's name (EAGGF) with the
      current year ;                                                Treasury or other body appointed by the Member State.
 (c) estimated payments for subsequent financial year.              Such accounts shall be separate from all other accounts
                                                                    opened for the Commission under budgetary procedure.
                           Article 4                                2. The credit entries shall be madie :
 1 . Assets shall be entered in the Budget for the first            (a) as regards the Guarantee Section, in accordance with .
 financial year following the end of each of the Fund's                  Article 1 1 ( 1 );
 accounting periods.                                                (b) as regards the Guidance Section :
Accounting period means the period from 1 July to 30                      - -in respect of seven-twelfths of the annual contribu­
June which serves as a basis for calculation for the Guar­
                                                                             tion. before 20 January or within thirty days of
antee Section.
                                                                             the final adoption of the Budget where the provi­
Nevertheless, th'e accounting period for 1962/63 shall                       sions of Article 204 of the Treaty have been im­
run from 30 July 1962 to 30 June 1963 .                                      plemented :
                                                                          - in respect of the remaining five-twelfths, on 1 July
 2. The assets entered in the Budget shall be used :                         of the year in question.
(a) as regards the Guarantee Section, to make annual
     refunds to Member States for expenditure eligible in           3 . The Commission shall maintain an account at the
     respect of the previous accounting period ;                    bank of issue or the recognized financial body of each
                                                                    Member State , under the same heading as that opened in
(b) as regards the Guidance Section, to finance common
                                                                    pursuance of paragraph 1 .
     action eligible under that part of the Fund.
                           Article 5
                                                                                               TITLE IV
1 . Assets entered in the preliminary draft budget shall
be calculated on the basis of data available at the time it                    Commitments, and assets carried forward
is drawn up, Member States shall ensure that the Com­
mission has the necessary data available at the required                                       A rticle 9
time.
                                                                    1 . Decisions taken by the Commission in accordance
                                                                    with Articles 10 and 21(1) of Regulation No 17/64/
2. The Commission may, before the adoption of the                    EEC on the conditions for granting aid from the Euro­
draft budget by the Council, lodge a corrigendum taking             pean Agricultural Guidance and Guarantee Fund shall
into account any additional information which it may                constitute commitments of expenditure.
have obtained .
                                                                    2 . By way of derogation' from Articles 6(1) (a) and (5)
                                                                    of the Financial Regulation on the establishment and
                           TITLE III                                implementation of the EEC Budget and on the responsi­
             Contributions from Member States                       bility of authorizing officers and. accounting officers,
                                                                    assets in the Guidance Section chapter which are needed
                           Article 6                                to meet commitments entered into between 1 January
                                                                    and 31 December shall be carried forward during a pe­
The financial contributions from Member States provid­              riod of five years.
ed for in Article 7 ( 1 ) of Regulation No 25 shall be used
to cover expenditure by the Fund.                                   At the end of that period, the Commission may submit to
                                                                    the Council each year before 1 March a list of the assets
                                                                    still committed in respect of which an application has
                           Article 7
                                                                    been made, with due cause shown, that they be carried
If necessary, a fresh apportionment of financial contribu­          forward. The Council shall take its decision by a quali­
tions from Member States to cover Fund expenditure                  fied majority within six weeks ; if at the end of that time
shall be made by means of a rectifying budget after the             no decision has been taken, the carrying forward shall be
calculations provided for in Article 23 of Regulation No            considered to be approved.
 ---pagebreak---                                        Official Journal of the European Communities                                          5
3 . In respect of the Guidance Section chapter, the assets                                  Article 11
which are unused on 31 December may be carried for­                1 . Member States in debit shall , within one month from
ward only into the following financial year, in accord­
                                                                  the date of notification, pay the amount for which they
ance with Article 6(b)(1 ), ( 3) and (5) of the Financial         are liable. The payments shall be made in their national
Regulation referred to in paragraph 2 of this Article.            currency into the accounts opened in accordance with
                                                                  the provisions of Article 8(1 ). on the basis of the parity
4 . The provisions of the Financial Regulation referred           in force on the date of payment .
to in paragraph 2 shall apply to assets under the Guaran­
tee Section .
                                                                  2 . Member States in credit shall , within two months
                                                                  from the date of notification , receive a payment from the
5 . In implementing the Fund budget , the use of assets           Commission made in their national currency on the
carried forward shall be shown separately item by item            basis of the party in force on the date of the settlement
in the account for the current financial year .
                                                                  of accounts provided for in Article 10 .
                                                                                            A rticle 12
                          TITLE V                                 If the parity of a Member State's currency alters between
                                                                  the date of the settlement of accounts provided for in
Reimbursement of Member States for expenditure under
                   the Guarantee Section
                                                                  Article 10 of this Regulation and the date of payment ,
                                                                  any surplus in the accounts opened for the Fund in the
                                                                  Commission's name shall , in the event of devaluation , be
                         Artie e 10
                                                                  apportioned amongst all the Member States according to
 1 . The settlement of accounts , the granting of authority       the scale for calculating contributions which has been
to pay and payment of expenses relating to the Guaran­            adopted for the financial year in question, in accordance
tee Section shall be effected only once for each account­         with Article 7 ( 1 ) of Regulation No 25 ; in the event of
ing period .                                                      revaluation , each Member State shall make a correspond­
                                                                  ing additional payment into the account opened for the
To this end the Commission shall , in the name of each            Fund in the Commission's name.
Member State, keep an account which shall be :
- credited with the amounts to be reimbursed to that
     Member State pursuant to the decisions taken in ac­                                    TITLE VI
     cordance with Article 10 of Regulation No 17/64/                                    Final provision
      EEC on the conditions for granting aid from the Eu­
     ropean Agricultural Guidance and Guarantee Fund ,                                     Article 13
- debited with the contribution of that Member State
                                                                  This Regulation shall enter into force on the date of
     calculated on the basis of the total amount of pay­          entry into force of Regulation No 17/64/EEC on the con­
     ments charged to the Guarantee Section of the Fund           ditions for granting aid from the European Agricultural
     in accordance with Article 7 of Regulation No 25 .           Guidance and Guarantee Fund .
2 . As soon as the operations provided for in paragraph           Done at Brussels, 5 February 1 964.
1 have been carried out , the Commission shall inform
each Member State of the balance of its account .
                                                                                        For the Council
                                                                                          The President
3 . The accounts referred to in paragraph I shall be kept
and adopted in units of account .                                                          H. FAYAT