HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 81/14
EN
Official Journal of the European Union
29.3.2011
COMMISSION DECISION
of 28 March 2011
excluding from EU financing certain expenditure incurred by Hungary under the programme for
the support for pre-accession measures for agriculture and rural development (Sapard) in 2004
(notified under document C(2011) 1738)
(Only the Hungarian text is authentic)
(2011/192/EU)
THE EUROPEAN COMMISSION,
Council Regulations (EC) No 1257/1999 ( 6 ) and (EC) No
1260/1999 ( 7 ) for the Czech Republic, Estonia, Latvia,
Lithuania, Hungary, Poland, Slovenia and Slovakia, in
Having regard to the Treaty on the Functioning of the European
conjunction with the MAFAs as referred to in Annex I,
Union,
point 1 of Regulation (EC) No 1419/2004, and, in
Article 12 of Section A of the Annex to the MAFAs.
Having regard to Council Regulation (EC) No 1268/1999 of
21 June 1999 on Community support for pre-accession
(3) Commission
Regulation
(EC)
No
248/2007
( 8 ) provides
measures for agriculture and rural development in the
for measures concerning the MAFAs and the Annual
applicant countries of central and eastern Europe in the pre-
Financing Agreements concluded under the Sapard
accession period ( 1 ),
programme and the transition from Sapard to rural
development, in conjunction with the MAFAs as
Having regard to Commission Regulation (EC) No 2222/2000
referred to in Annex III to that Regulation.
of 7 June 2000 laying down financial rules for the application
of Council Regulation (EC) No 1268/1999 on Community
(4)
Article 12(1) of Section A of the Annex to the MAFAs,
support for pre-accession measures for agriculture and rural
which remains in force after the accession of Hungary to
development in the applicant countries of central and eastern
the European Union by virtue of Regulation (EC) No
Europe in the pre-accession period ( 2 ), and in particular
248/2007, requires the Commission to take a Decision
Article 14 thereof,
(hereinafter referred to as ‘the conformity clearance
Decision’) on the expenditure to be excluded from EU
Having regard to the Multi-Annual Financing Agreement
co-financing where it finds that expenditure has not been
between the Commission of the European Communities,
effected in compliance with this Agreement.
acting on behalf of the European Community, and Hungary
which was concluded on 15 June 2001, and in particular
(5) The
findings
of
the
annual
certification
report
for
the
Article 12, Section A of the Annex thereto,
Sapard accounts for the financial year 2004 indicated
that the Sapard Agency might have breached certain
After consulting the Committee on the Agricultural Funds,
provisions of the MAFAs. In this respect, the
Commission launched an enquiry in accordance with
the Article 12 of Section A of the Annex to the MAFAs.
Whereas:
(6) In
accordance
with
Article
12(3)
of
Section
A
of
the
(1) Commission
Regulation
(EC)
No
1419/2004
( 3 ) provides
Annex to the MAFAs, the Hungarian authorities were
for the continuation of the application of the Multiannual
invited to a bilateral discussion on 8 November 2005,
Financing Agreements and the Annual Financing
at which both parties endeavoured to reach an agreement
Agreement concluded between the European
as to the action to be taken and on an evaluation of the
Commission, representing the European Union on the
gravity of the infringement.
one hand, and the Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Poland, Slovakia and Slovenia on the
(7)
Following the bilateral discussion, the Commission still
other, and for certain derogations from the Multiannual
considered that certain items of expenditure had not
Financing Agreements (hereinafter referred to as ‘MAFAs’)
been carried out in conformity with the rules
and from Council Regulation (EC) No 1266/1999 ( 4 ) and
governing the Sapard programme. For some of the
Regulation (EC) No 2222/2000.
payments made in the financial years 2003 and 2004,
Hungary breached the 3-month deadline for payments to
(2) Commission
Regulation
(EC)
No
447/2004
(
beneficiaries provided in Article 8(6), Section A of the

5 ) lays down
rules to facilitate the transition from support under Regu
MAFAs. According to this provision, the interval between
lation (EC) No 1268/1999 to that provided for by
receipt of the supporting documents needed to make the
payment and issuing of the payment order should not
have exceeded 3 months.
( 1 ) OJ L 161, 26.6.1999, p. 87.
( 2 ) OJ L 253, 7.10.2000, p. 5.
( 3 ) OJ L 258, 5.8.2004, p. 11.
( 6 ) OJ L 160, 26.6.1999, p. 80.
( 4 ) OJ L 161, 26.6.1999, p. 68.
( 7 ) OJ L 161, 26.6.1999, p. 1.
( 5 ) OJ L 72, 11.3.2004, p. 64.
( 8 ) OJ L 69, 9.3.2007, p. 5.

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EN
29.3.2011 Official
Journal
of
the
European
Union L
81/15
(8) By
letter
of
16
October
2009,
the
Hungarian
authorities HAS ADOPTED THIS DECISION:
initiated a conciliation procedure in accordance with the
third subparagraph of Article 12(3) of Section A and
Item 9 of Section F of the Annex to the MAFAs. The
Article 1
Conciliation Body supported the arguments presented by
the Hungarian authorities and considered them as excep
The amount of EUR 2 535 286 paid by the Hungarian Sapard
tional circumstances to derogate from the deadline for
Agency is hereby excluded from EU financing as the underlying
the payments to beneficiaries given by provision of
transactions do not comply with the rules governing the Sapard
Article 8(6), Section A of the MAFAs.
programme.

(9)
The Commission could not consider the arguments given
The calculation of the correction is indicated in the Annex.
by the Hungarian authorities as exceptional circum
stances, justifying some derogation from Article 8(6),
Section A of the MAFAs, and proposed the amount of
Article 2
EUR 2 535 286 for financial reduction.
This Decision is addressed to the Republic of Hungary.
(10) In accordance with Article 12(7) of Section A of the
Annex to the MAFAs, the amount to be recovered
shall be communicated to the National Authorising
Officer who should, on behalf of Hungary, ensure that
Done at Brussels, 28 March 2011.
the amount is credited to the Sapard euro account within
2 months of the date that the Decision is taken.
However, due to the fact that the implementation of
For the Commission
the Sapard programme is finalised, the recovery of the
sum excluded shall be executed in a form of a recovery
Dacian CIOLO
order,
Member of the Commission
ANNEX
TABLE OF REDUCTIONS
Total expenditure in
Amount subject to
Reduction
Delay
FY2004
Use of 4 % reserve
reduction
Red. Rate
computation
(EUR)
(EUR)
(%)
(EUR)
0 months 32
367
673,72 n.a. n.a.
0 0,00
Up to 1 month 7
283
177,62 –
1
294
706,95 5
988
470,67 10 598
847,07
Up to 2 months 1
601
753,18 0,00 1
601
753,18 25 400
438,29
Up to 3 months 601
262,42 0,00 601
262,42 45 270
568,09
Up to 4 months 484
224,09 0,00 484
224,09 70 338
956,86
5 and more months 926
475,69 0,00 926
475,69 100 926
475,69
Grand Total 43
264
566,71 –
1
294
706,95 9
602
186,04 2
535
286,00

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