CELEX: 31985D0463
Language: en
Date: 1985-08-28 00:00:00
Title: 85/463/EEC: Commission Decision of 28 August 1985 on the clearance of the accounts presented by the Kingdom of the Netherlands 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 / 43
                                                        COMMISSION DECISION
                                                             of 28 August 1985
                    on the clearance of the accounts presented by the Kingdom of the Netherlands in respect of the
                    European Agricultural Guidance and Guarantee Fund, Guarantee Section, expenditure for
                                                                       1980
                                                      ( Only the Dutch text is authentic )
                                                               ( 85 / 463 / EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,                                 whereas the inspections carried out show that a part of the
                                                                             expenditure declared , amounting to F1 67 722 124,15 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;
Having regard to Council Regulation ( EEC ) No 729 / 70 of                   Whereas the Decisions concerning the clearance of accounts
21 April 1970 on the financing of the common agricultural                    for 1978 and 1979 excluded the financing of the following
policy ( 1 ), as last amended by Regulation ( EEC )                          amounts , F1 1 178 139,69 and F1 3 074 914,41 , for export
No 870 / 85 ( 2 ), and in particular Article 5 ( 2 ) thereof,                refunds for transformed meat , on condition that the
                                                                             expenditure or a part of it may be recognized in the clearance
                                                                             of accounts 1980 , provided the Member State furnishes the
After consulting the Fund Committee ,                                        evidence necessary for Community financing; whereas as a
                                                                             result of the evidence supplied , a partial amount of
                                                                             F1 756 759,08 may be financed in the framework of the
Whereas , under Article 5 ( 2 ) ( b ) of Regulation ( EEC )                  present clearance of accounts ;
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 the Netherland has transmitted to the Commission                     ( EEC ) No 1300 / 84 ( 5 ), 60 % of expenditure on those
the documents required to clear the accounts for 1980 ;                      measures is borne by the Guarantee Section of the EAGGF
whereas the latter has carried out on-the-spot inspections as                and 40 % by the Guidance Section ; whereas the said
provided for in Article 9 ( 2 ) of Regulation ( EEC )                        measures count as intervention within the meaning of
No 729 / 70 ;                                                                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 1972 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
                                                                             Whereas the present Decision does not prejudge the financial
expenditure incurred in each Member State during the                         consequences which may be drawn in any subsequent
financial year in question recognized as chargeable to the                   clearance of accounts procedure for national aids in
Fund , Guarantee Section , and also the determination of the                 accordance with Article 93 of the Treaty or infringement
amount of the Community's financial resources still available                procedures under Article 169 of the Treaty currently in
in each Member State ;                                                       progress or concluded after the date of 3 1 March 1 985 or as a
                                                                             result of infringements in 1980 or national aids incompatible
Whereas , under Articles 2 and 3 of Regulation ( EEC )                       with the Treaty paid in 1980 having affected the expenditure
No 729 / 70 , only refunds on exports to non-member                          charged to the EAGGF in any financial year subsequent to
countries and intervention intended to stabilize agricultural                that of 1980 ;
markets , respectively granted and undertaken according to
Community rules within the framework of the common
organization of agricultural markets , may be financed ;                     Whereas the present Decision does not prejudge the financial
                                                                             consequences which may be drawn in any subsequent
(') 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 / 44                              Official Journal of the European Communities                                      9 . 10 . 85
clearance of accounts relating to current investigations ,            amounts , in accordance         with    Annex     II ,     to   F1
financial losses resulting from irregularities in the meaning of      32 182 149,03 .
Article 8 of Regulation ( EEC ) No 729 / 70 or judgments by
the Court of Justice on cases currently under consideration
and concerning matters which are also the subject of this                                       Article 2
Decision ,
                                                                      The financial resources available at the end of 1980 amount,
                                                                      in accordance with Annex I , to F1 148 218 771,58 and , in
                                                                      accordance with Annex II , to a negative balance of
HAS ADOPTED THIS DECISION :                                           F1 1 647 782,73 .
                            Article 1
                                                                                                Article 3
1.    The expenditure by the Netherlands recognized as                This Decision is addressed to the Kingdom of the
chargeable to the European Agricultural Guidance and                  Netherlands .
Guarantee Fund , Guarantee Section , in respect of the 1980
financial year amounts , in accordance with Annex I , to              Done at Brussels , 28 August 1985 .
F1 4 036 634 193,09 .
                                                                                                            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 / 45
                                                                     ANNEX I
                 Clearance of the accounts concerning the expenditure financed by the EAGGF , Guarantee Section , for 1980 ( J )
                                                                                                        ( Fl)
            1 . Funds available after clearance of the accounts for 1979                                       - 57 447 035,33
            2 . Advances received for 1980                                                                    4 242 300 000,00
            3 . Total funds available to cover expenditure for 1980                                           4 184 852 964,67
            4 . Expenditure recognized for 1980 :
                  ( a ) Expenditure declared                                          4 103 599 558,16
                  ( b ) Expenditure not recognized :                                   - 67 722 124,15
                         — of which definitive decision deferred to 1982
                  ( c ) Elimination of reserves for previous years                         + 756 759,08
                  ( d ) Expenditure recognized                                                                4 036 634 193,09
            5.    Funds available after clearance of accounts for 1980                                          148 218 771,58
            ( ! ) 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
                                                                                                        (Fl)
            1 . Funds available after clearance of the accounts for 1979                                       -3 625 633,70
            2 . Advances received for 1980                                                                       34 160 000,00
            3 . Total funds available to cover expenditure in 1980                                              30 534 366,30
            4 . Expenditure incurred in 1980 chargeable to the EAGGF of
                  which :                                                                                       32 182 149,03
                  (a)    Guarantee Section                                              19 309 289,41
                  ( b ) Guidance Section                                               12 872 859,62
            5 . Funds available after clearance of the accounts for 1980                                       - 1 647 782.73