1.7.2009 EN Official Journal of the European Union L 171/37
COMMISSION DECISION
of 28 May 2009
amending Decision 97/245/EC, Euratom laying down the arrangements for the transmission of information to the Commission by Member States under the Communities’ own resources system
(notified under document number C(2009) 4072)
(2009/504/EC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (1),
Having regard to Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2007/436/EC, Euratom on the system of the European Communities own resources (2) and in particular the third subparagraph of Article 6(4) and Article 17(3) and (5) thereof,
Having consulted the Advisory Committee on the Communities’ own resources, provided for in Article 20 of Regulation (EC, Euratom) No 1150/2000,
Whereas:
(1) Commission Decision 97/245/EC, Euratom (3) laid down models for the statements of the Member States accounts for own resources to be sent to the Commission.
(2) Following the implementation in Community law of the agreements concluded during the Uruguay round there is no longer any material difference between agricultural duties and customs duties. Moreover, Decision 2007/436/EC, Euratom does not make this distinction. It is therefore appropriate to remove this distinction from the models contained in Annexes I and III to Decision 97/245/EC, Euratom.
(3) Further, Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (4) introduced, amongst other measures, a production charge to contribute to the financing of expenditure and a levy on the surplus amount to prevent the accumulation of surpluses. Moreover, under certain conditions, one-off amounts are to be paid for additional sugar quotas and for supplementary isoglucose quotas. As these levies are own resources, the models contained in Annexes I and III to Decision 97/245/EC, Euratom must therefore be adapted.
(4) Steps should also be taken to capitalise on the experience acquired by the Member States in producing the accounting statements provided for in Article 6(3)(a) and (b) of Regulation (EC, Euratom) No 1150/2000 and to improve the presentation of the forms drawn up in line with the models contained in Annexes I and III to Decision 97/245/EC, Euratom.
(5) Decision No 97/245/EC, Euratom lays down the detailed arrangements for the transmission of information and establishes a form for reporting, in the context of the annual report, cases of irrecoverability as referred to in Article 17(2) of Regulation (EC, Euratom) No 1150/2000.
(6) Given the experience acquired in the transmission of the relevant information it is necessary to take measures to ensure that all the facts necessary for the full examination of cases of irrecoverability reported by the Member States are provided to the Commission.
(7) The arrangements for the transmission of reports and efficient management of information should be adapted to the growing number of cases of irrecoverability by introducing a new electronic management and information system which should be used by the Member States to send their reports electronically in cases where amounts are declared or deemed irrecoverable.
(8) Council Regulation (EC, Euratom) No 2028/2004 (5) introduced in Regulation (EC, Euratom) No 1150/2000 a clear distinction between reporting cases where established entitlements are declared or deemed irrecoverable, referred to in the third subparagraph of Article 17(3) of Regulation (EC, Euratom) No 1150/2000, and the annual reports referred to in Article 17(5) of Regulation (EC, Euratom) No 1150/2000. It is therefore appropriate to replace the standard form to be used for the annual reports and to lay down a standard form for reporting cases of irrecoverability.
(9) A suitable length of time should also be allowed to produce the amended statements.
(10) Decision 97/245/EC, Euratom should therefore be amended accordingly,
Decision 97/245/EC, Euratom is amended as follows:
1. In Article 1(1), the part of the sentence ‘in Article 6(3)(a) and (b) of Regulation (EEC, Euratom) No 1552/89’ is replaced by ‘in Article 6(4), first subparagraph, points (a) and (b) of Council Regulation (EC, Euratom) No 1150/2000 (6).
2. In Article 2(1), the part of the sentence ‘in Article 6(4) of Regulation (EEC, Euratom) No 1552/89’ is replaced by ‘in Article 6(5) of Regulation (EC, Euratom) No 1150/2000’.
3. Article 3 is replaced by the following:
4. Annex I is replaced by the text set out in Annex I to this Decision.
5. Annex III is replaced by the text set out in Annex II to this Decision.
6. Annex VI is replaced by the text set out in Annex III to this Decision.
7. Annex VII set out in Annex IV to this Decision is added.
The first statements to be produced using the models contained in Annexes I and III to Decision 97/245/EC, Euratom, as amended by this Decision, shall be the monthly statement for June 2009 and the quarterly statement for the second quarter of 2009.
The electronic management and information system and the model referred to in Article 3(2) and (3) respectively of Decision 97/245/EC, Euratom, as amended by this Decision, shall be used from the date communicated by the Commission to the Member States.
Until such communication Member States shall use the model set out in Annex VI to Decision 97/245/EC, Euratom as amended by Decision 2002/235/EC, Euratom (7).
This Decision is addressed to the Member States.