HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 42/32
EN
Official Journal of the European Union
16.2.2011
COMMISSION DECISION
of 15 February 2011
on the clearance of the accounts of certain paying agencies in Italy and Romania concerning
expenditure financed by the European Agricultural Guarantee Fund (EAGF) for the 2009 financial
year
(notified under document C(2011) 770)
(Only the Italian and Romanian texts are authentic)
(2011/105/EU)
THE EUROPEAN COMMISSION,
(4) Pursuant
to
Article
32(5)
of
Regulation
(EC)
No
1290/2005, 50 % of the financial consequences of
non-recovery of irregularities shall be borne by the
Having regard to the Treaty on the Functioning of the European
Member State concerned and 50 % by the EU budget if
Union,
the recovery of those irregularities has not taken place
within 4 years of the primary administrative or judicial
finding, or within 8 years if the recovery is taken to the
Having regard to Council Regulation (EC) No 1290/2005 of
national courts. Article 32(3) of the said Regulation
21 June 2005 on the financing of the common agricultural
obliges Member States to submit to the Commission,
policy ( 1 ), and in particular Articles 30 and 32(8) thereof,
together with the annual accounts, a summary report
on the recovery procedures undertaken in response to
irregularities. Detailed rules on the application of the
After consulting the Committee on the Agricultural Funds,
Member States’ reporting obligation of the amounts to
be recovered are laid down in Regulation (EC) No
885/2006. Annex III to the said Regulation provides
Whereas:
the model table that had to be provided in 2010 by
the Member States. On the basis of the tables
completed by the Member States, the Commission
(1) Commission Decisions 2010/258/EU
( 2 ) and
should decide on the financial consequences of non-
2010/730/EU ( 3 ) cleared, for the 2009 financial year,
recovery of irregularities older than 4 or 8 years
the accounts of all the paying agencies except for the
respectively. This decision is without prejudice to future
Italian paying agencies ‘AGEA’ and ‘ARBEA’, and the
conformity decisions pursuant to Article 32(8) of Regu
Romanian paying agency ‘PIAA’.
lation (EC) No 1290/2005.
(2) Following
the
transmission
of
new
information
and
after (5) Pursuant
to
Article
32(6)
of
Regulation
(EC)
No
additional checks, the Commission can now take a
1290/2005, Member States may decide not to pursue
decision on the integrality, accuracy and veracity of the
recovery. Such a decision may only be taken if the
accounts submitted by the Italian paying agencies ‘AGEA’
costs already and likely to be incurred total more than
and ‘ARBEA’, and the Romanian paying agency ‘PIAA’.
the amount to be recovered or if the recovery proves
impossible owing to the insolvency, recorded and
recognised under national law, of the debtor or the
(3) The
first
subparagraph
of
Article
10(2)
of
Commission
persons legally responsible for the irregularity. If that
Regulation (EC) No 885/2006 of 21 June 2006 laying
decision has been taken within 4 years of the primary
down detailed rules for the application of Council Regu
administrative or judicial finding or within 8 years if the
lation (EC) No 1290/2005 as regards the accreditation of
recovery is taken to the national courts, 100 % of the
paying agencies and other bodies and the clearance of the
financial consequences of the non-recovery should be
accounts of the EAGF and of the EAFRD ( 4 ) lays down
borne by the EU budget. In the summary report
that the amounts that are recoverable from, or payable
referred to in Article 32(3) of Regulation (EC) No
to, each Member State, in accordance with the accounts
1290/2005 the amounts for which the Member State
clearance decision referred to in the first subparagraph of
decided not to pursue recovery and the grounds for
Article 10(1) of the said Regulation, shall be determined
the decision are shown. These amounts are not charged
by deducting the monthly payments in respect of the
to the Member States concerned and are consequently to
financial year in question, i.e. 2009, from expenditure
be borne by the EU budget. This decision is without
recognised for that year in accordance with paragraph
prejudice to future conformity decisions pursuant to
1. The Commission shall deduct that amount from or
Article 32(8) of the said Regulation.
add it to the monthly payment relating to the expen
diture effected in the second month following that in
which the accounts clearance decision is taken.
(6) In clearing the accounts of the paying agencies
concerned, the Commission must take account of the
( 1 ) OJ L 209, 11.8.2005, p. 1.
amounts already withheld from the Member States
( 2 ) OJ L 112, 5.5.2010, p. 17.
( 3 ) OJ L 315, 1.12.2010, p. 35.
concerned on the basis of Decisions 2010/258/EU and
( 4 ) OJ L 171, 23.6.2006, p. 90.
2010/730/EU.

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EN
16.2.2011 Official
Journal
of
the
European
Union L
42/33
(7) In
accordance
with
Article
30(2)
of
Regulation
(EC)
No including those resulting from the application of Article 32(5)
1290/2005, this Decision does not prejudice decisions
of Regulation (EC) No 1290/2005, are set out in the Annex.
taken subsequently by the Commission excluding from
EU financing expenditure not effected in accordance with
EU rules,
Article 2
This Decision is addressed to the Italian Republic and Romania.
HAS ADOPTED THIS DECISION:
Article 1
The accounts of the Italian paying agencies ‘AGEA’ and
Done at Brussels, 15 February 2011.
‘ARBEA’, and the Romanian paying agency ‘PIAA’ concerning
expenditure financed by the European Agricultural Guarantee
Fund (EAGF), in respect of the 2009 financial year, are
hereby cleared.
For the Commission
The amounts which are recoverable from, or payable to,
Dacian CIOLO
each Member State concerned pursuant to this Decision,
Member of the Commission

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L 42/34
ANNEX
CLEARANCE OF THE PAYING AGENCIES’ ACCOUNTS
FINANCIAL YEAR 2009
Amount to be recovered from or paid to the Member State
EN

2009 — Expenditure/Assigned
Revenue for the Paying Agencies for
which the accounts are
Amount
Amount
recovered
cleared disjoined
Reductions and
Reductions
according to
Total including
Payments made to
Amount to be
recovered from
from (–) or
Amount to be
MS
Total a + b
suspensions for
recovered from (–) (–) or paid to (+) paid to (+) recovered from (–)
= total of the
the whole
Article 32 of
reductions and
the Member State for or paid to (+) the the Member State the Member or paid to (+) the
= expenditure/
expenditure/
financial year (
Regulation (EC) No
suspensions
the financial year
1 )
1290/2005
Member State (2 )
under Decision
State under
Member State (2 )
assigned revenue
assigned
2010/258/EU
Decision
declared in the
revenue in the
2010/730/EU
annual declaration
monthly
Off
declarations
icial
a
b c
=
a
+
b
d
e
f = c + d + e
g h
=
f
–
g
i i’
j = h – I – i’
Jour
IT EUR 4
734
018
409,62 0,00 4 734 018 409,62 – 8 483 198,39 – 14 355 208,39 4 711 180 002,84 4 728 063 868,22 – 16 883 865,38 – 2 395 176,69 0,00 – 14 488 688,69
nal
of
RO EUR 580
639
557,26 0,00 580
639
557,26 – 9 399 922,54 0,00 571 239 634,72 575
930
420,08 –
4
690
785,36 0,00 0,00 –
4
690
785,36
the
European
Sugar Fund
Expenditure (3 ) Assigned
revenue
(3 )
Article 32 (= e)
Expenditure (4 ) Assigned
revenue
(4 )
Total (= h)
Union
MS
05 07 01 06 6701
05 02 16 02 6803 6702
k
l
m
n
o
p = k + l + m + n + o
IT EUR 204
519,71 –
2
768
132,08 0,00 0,00 –
11
925
076,32 –
14
488
688,69
RO EUR –
4
690
785,36 0,00 0,00 0,00 0,00 –
4
690
785,36
(1 ) The reductions and suspensions are those taken into account in the payment system, to which are added in particular the corrections for the non respect of payment deadlines established in August,
September and October 2009.
(2 ) For the calculation of the amount to be recovered from or paid to the Member State the amount taken into account is, the total of the annual declaration for the expenditure cleared (col.a) or, the
total of the monthly declarations for the expenditure disjoined (col.b).
Applicable exchange rate: Article 7(2) of the Commission Regulation (EC) No 883/2006.
(3 ) If the Assigned revenue part would be in advantage of Member State, it has to be declared under 05 07 01 06.
(4 ) If the Assigned revenue part of the Sugar Fund would be in the advantage of the Member State, it has to be declared under 05 02 16 02.
NB: Nomenclature 2011: 05 07 01 06, 05 02 16 02, 6701, 6702, 6803
16.2.2011

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