HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 42/24
EN
Official Journal of the European Union
16.2.2011
COMMISSION DECISION
of 15 February 2011
on the clearance of the accounts of a paying agency in Italy concerning expenditure financed by the
European Agricultural Guarantee Fund (EAGF) for the 2007 financial year
(notified under document C(2011) 753)
(Only the Italian text is authentic)
(2011/102/EU)
THE EUROPEAN COMMISSION,
to, each Member State, in accordance with the accounts
clearance decision referred to in the first subparagraph of
Article 10(1) of the said Regulation, shall be determined
by deducting the monthly payments in respect of the
financial year in question, i.e. 2007, from expenditure
Having regard to the Treaty on the Functioning of the European
recognised for that year in accordance with paragraph
Union,
1. The Commission shall deduct that amount from or
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.
Having regard to Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agricultural
policy ( 1 ), and in particular Articles 30 and 32(8) thereof,
(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
After consulting the Committee on the Agricultural Funds,
Member State concerned and 50 % by the EU budget if
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
national courts. Article 32(3) of the said Regulation
Whereas:
obliges Member States to submit to the Commission,
together with the annual accounts, a summary report
on the recovery procedures undertaken in response to
irregularities. Detailed rules on the application of the
(1) Commission
Decisions
2008/396/EC
(
Member States’ reporting obligation of the amounts to

2 ), 2009/87/EC ( 3 )
and 2010/62/EU (
be recovered are laid down in Regulation (EC) No

4 ) cleared, for the 2007 financial year,
the accounts of all the paying agencies except for the
885/2006. Annex III to the said Regulation provides
Italian paying agency ‘ARBEA’.
the model table that had to be provided in 2008 by
the Member States. On the basis of the tables
completed by the Member States, the Commission
should decide on the financial consequences of non-
recovery of irregularities older than 4 or 8 years
(2) Following
the
transmission
of
new
information
and
after
respectively. This decision is without prejudice to future
additional checks, the Commission can now take a
conformity decisions pursuant to Article 32(8) of Regu
decision on the integrality, accuracy and veracity of the
lation (EC) No 1290/2005.
accounts submitted by the Italian paying agency ‘ARBEA’.
(3) The
first
subparagraph
of
Article
10(2)
of
Commission (5) Pursuant
to
Article
32(6)
of
Regulation
(EC)
No
Regulation (EC) No 885/2006 of 21 June 2006 laying
1290/2005, Member States may decide not to pursue
down detailed rules for the application of Council Regu
recovery. Such a decision may only be taken if the
lation (EC) No 1290/2005 as regards the accreditation of
costs already and likely to be incurred total more than
paying agencies and other bodies and the clearance of the
the amount to be recovered or if the recovery proves
accounts of the EAGF and of the EAFRD (
impossible owing to the insolvency, recorded and

5 ) lays down
that the amounts that are recoverable from, or payable
recognised under national law, of the debtor or the
persons legally responsible for the irregularity. If that
decision has been taken within 4 years of the primary
( 1 ) OJ L 209, 11.8.2005, p. 1.
administrative or judicial finding or within 8 years if the
( 2 ) OJ L 139, 29.5.2008, p. 33.
recovery is taken to the national courts, 100 % of the
( 3 ) OJ L 33, 3.2.2009, p. 38.
( 4 ) OJ L 35, 6.2.2010, p. 11.
financial consequences of the non-recovery should be
( 5 ) OJ L 171, 23.6.2006, p. 90.
borne by the EU budget. In the summary report

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EN
16.2.2011 Official
Journal
of
the
European
Union L
42/25
referred to in Article 32(3) of Regulation (EC) No
HAS ADOPTED THIS DECISION:
1290/2005 the amounts for which the Member State
decided not to pursue recovery and the grounds for
Article 1
the decision are shown. These amounts are not charged
to the Member States concerned and are consequently to
The accounts of the Italian paying agency ‘ARBEA’ concerning
be borne by the EU budget. This decision is without
expenditure financed by the European Agricultural Guarantee
prejudice to future conformity decisions pursuant to
Fund (EAGF), in respect of the 2007 financial year, are
Article 32(8) of the said Regulation.
hereby cleared.
The amounts which are recoverable from, or payable to, each
Member State concerned pursuant to this Decision, including
those resulting from the application of Article 32(5) of Regu
(6) In
clearing
the
accounts
of
the
paying
agencies lation (EC) No 1290/2005, are set out in the Annex.
concerned, the Commission must take account of the
amounts already withheld from the Member States
concerned on the basis of Decisions 2008/396/EC,
Article 2
2009/87/EC and 2010/62/EU.
This Decision is addressed to the Italian Republic.
Done at Brussels, 15 February 2011.
(7) In
accordance
with
Article
30(2)
of
Regulation
(EC)
No
1290/2005, this Decision does not prejudice decisions
For the Commission
taken subsequently by the Commission excluding from
EU financing expenditure not effected in accordance with
Dacian CIOLO
EU rules,
Member of the Commission

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L 42/26
ANNEX
CLEARANCE OF THE PAYING AGENCIES’ ACCOUNTS
FINANCIAL YEAR 2007
AMOUNT TO BE RECOVERED FROM OR PAID TO THE MEMBER STATE
EN

2007 — Expenditure/Assigned
Revenue for the Paying Agencies
for which the accounts are
Amount
Amount
recovered recovered
cleared disjoined
from (–) from (–) Amount
to be
Reductions and
Reductions
Amount recovered or paid to or paid to
= total of
according to
Total including
Payments made to
Amount to be
from (–) or paid to (+) the
(+) the recovered
MS
the expen
Total a + b
suspensions for the
recovered from (–)
from (–)
whole financial
Article 32 of Regu
reductions and
the Member State
or paid to (+) the
(+) the Member
Member
Member or paid to
= expenditure/
diture/
year (
lation (EC) No
suspensions
for the financial year
State under Decision
State
State
1 )
assigned
1290/2005
Member State (2 )
2008/396/EC
under
under
(+) the
assigned revenue revenue in
Decision Decision
Member
declared in the
Off
the
2009/87/ 2010/62/ State (2 )
annual declaration
monthly
EC
EU
icial
declar
ations
Jour
nal
a
b c
=
a
+
b
d
e
f = c + d + e
g h
=
f
–
g
i
i′
i′′
j = h – i –
i′ – i′′
of
the
IT EUR 4 626 504 872,47 0,00 4 626 504 872,47 – 27 293 119,73 – 114 581 208,51 4 484 630 544,23 4 607 194 902,42 – 122 564 358,19 – 122 564 358,19 0,00 0,00 0,00
European
Sugar Fund
Total (= h)
Union
Expenditure (3 ) Assigned
revenue
(3 )
Article 32 (= e)
Expenditure (4 ) Assigned
revenue
(4 )
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 0,00 0,00 0,00 0,00 0,00 0,00
(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 2007.
(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 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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