Council Regulation (EC) No 2444/97 of 22 September 1997 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities

COUNCIL REGULATION (EC) No 2444/97 of 22 September 1997 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 209 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Court of Auditors (3),
Whereas Article 5 (2) of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (4) provides for a new system of clearance of the accounts of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund; whereas this system comprises the splitting of the old clearance of the accounts into two separate types of decision, one covering the financial clearance of the accounts submitted by the Member States and the other concerning the possible refusal of financing by the Fund of expenditure which was not disbursed in compliance with Community rules; whereas Article 102 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5) should be aligned on the new clearance of accounts procedure in order to specify in particular the budgetary treatment of refusals of financing;
Whereas the conciliation procedure provided for by the Joint Declaration of the European Parliament, the Council and the Commission of 4 March 1975 (6) and by Article 140 of the Financial Regulation has taken place,