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19.2.2011 Official
Journal
of
the
European
Union L
46/47
COMMISSION DECISION
of 18 February 2011
on the clearance of the accounts of a paying agency in Italy concerning expenditure financed by the
European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2006
financial year
(notified under document C(2011) 911)
(Only the Italian text is authentic)
(2011/113/EU)
THE EUROPEAN COMMISSION,
that year in accordance with the first subparagraph. Such
amounts are to be deducted from, or added to advances
against expenditure from the second month following
Having regard to the Treaty on the Functioning of the European
that in which the accounts clearance decision is taken.
Union,
(4) Pursuant
to
Article
32(5)
of
Regulation
(EC)
No
1290/2005, 50 % of the financial consequences of
Having regard to Council Regulation (EC) No 1258/1999 of
non-recovery of irregularities shall be borne by the
17 May 1999 on the financing of the common agricultural
Member State concerned and 50 % by the EU budget if
policy ( 1 ), and in particular Article 7(3) thereof,
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 ( 2 ), 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 Commission Regulation
(EC) No 885/2006 of 21 June 2006 laying down detailed
Whereas:
rules for the application of Council Regulation (EC) No
1290/2005 as regards the accreditation of paying
agencies and other bodies and the clearance of the
(1) Commission
Decisions
2007/327/EC
( 3 ), 2008/394/EC ( 4 )
accounts of the EAGF and of the EAFRD ( 7 ). Annex III
and 2010/61/EU ( 5 ) cleared, for the 2006 financial year,
to the said Regulation provides the model tables 1 and 2
the accounts of all the paying agencies except for the
that had to be provided in 2007 by the Member States.
Italian paying agency ‘ARBEA’.
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
(2) Following
the
transmission
of
new
information
and
after
than 4 or 8 years respectively. This decision is without
additional checks, the Commission can now take a
prejudice to future conformity decisions pursuant to
decision on the integrality, accuracy and veracity of the
Article 32(8) of Regulation (EC) No 1290/2005.
accounts submitted by the Italian paying agency ‘ARBEA’.
(5) Pursuant
to
Article
32(6)
of
Regulation
(EC)
No
1290/2005, Member States may decide not to pursue
(3)
The second subparagraph of Article 7(1) of Commission
recovery. Such a decision may only be taken if the
Regulation (EC) No 1663/95 of 7 July 1995 laying down
costs already and likely to be incurred total more than
detailed rules for the application of Council Regulation
the amount to be recovered or if the recovery proves
(EEC) No 729/70 regarding the procedure for the
impossible owing to the insolvency, recorded and
clearance of the accounts of the EAGGF Guarantee
recognised under national law, of the debtor or the
Section ( 6 ) lays down that the amounts that are
persons legally responsible for the irregularity. If that
recoverable from, or payable to, each Member State, in
decision has been taken within 4 years of the primary
accordance with the accounts clearance decision referred
administrative or judicial finding, or within 8 years if the
to in the first subparagraph, shall be determined by
recovery is taken to the national courts, 100 % of the
deducting advances paid during the financial year in
financial consequences of the non-recovery should be
question, i.e. 2006, from expenditure recognised for
borne by the EU budget. In the summary report
referred to in Article 32(3) of Regulation (EC) No
( 1 ) OJ L 160, 26.6.1999, p. 103.
1290/2005 the amounts for which the Member State
( 2 ) OJ L 209, 11.8.2005, p. 1.
decided not to pursue recovery and the grounds for
( 3 ) OJ L 122, 11.5.2007, p. 51.
the decision are shown. These amounts are not charged
( 4 ) OJ L 139, 29.5.2008, p. 22.
( 5 ) OJ L 34, 5.2.2010, p. 33.
( 6 ) OJ L 158, 8.7.1995, p. 6.
( 7 ) OJ L 171, 23.6.2006, p. 90.

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L 46/48
EN
Official Journal of the European Union
19.2.2011
to the Member States concerned and are consequently to
and Guarantee Fund (EAGGF), Guarantee Section, in respect
be borne by the EU budget. This decision is without
of the 2006 financial year, are hereby cleared.
prejudice to future conformity decisions pursuant to
Article 32(8) of the said Regulation.
The amounts which are recoverable from, or payable to, each
(6) In
clearing
the
accounts
of
the
paying
agencies Member State concerned pursuant to this Decision, including
concerned, the Commission must take account of the
those resulting from the application of Article 32(5) of Regu
amounts already withheld from the Member States
lation (EC) No 1290/2005, are set out in the Annex.
concerned on the basis of Decisions 2007/327/EC,
2008/394/EC and 2010/61/EU.
Article 2
(7) In
accordance
with
the
second
subparagraph
of
Article 7(3) of Regulation (EC) No 1258/1999 and
This Decision is addressed to the Italian Republic.
Article 7(1) of Regulation (EC) No 1663/95, this
Decision does not prejudice decisions taken subsequently
by the Commission excluding from EU financing expen
diture not effected in accordance with EU rules,
Done at Brussels, 18 February 2011.
HAS ADOPTED THIS DECISION:
Article 1
For the Commission
The accounts of the Italian paying agency ‘ARBEA’ concerning
Dacian CIOLO
expenditure financed by the European Agricultural Guidance
Member of the Commission

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19.2.2011 Off
ANNEX
CLEARANCE OF THE PAYING AGENCIES’ ACCOUNTS
FINANCIAL YEAR 2006
Amount to be recovered from or paid to the Member State
EN

2006 — Expenditure/Assigned
Revenue for the Paying
Agencies for which the
accounts are
Amount Amount
recovered
to be
cleared
disjoined
Amount recovered Amount recovered from (–) recovered
Reductions and
Reductions
or paid from (–)
according to
Total including
Payments made to
Amount to be
from (–) or paid to from (–) or paid to to (+) the or paid
MS
= total
Total a + b
suspensions for
the Member State recovered from (–) (+) the Member
(+) the Member
of the
the whole financial Article 32 of Regu
reductions and
for the financial
or paid to (+) the
State under
State under
Member to (+) the
expen
year (
lation (EC) No
suspensions
State
Member
1 )
1290/2005
year
Member State (2 )
Decision
Decision
= expenditure/
diture/
2007/327/EC
2008/394/EC
under
State
Decision
under
assigned revenue assigned
icial
2010/
this
declared in the
revenue
61/EU
decision
annual declaration
in the
Jour
monthly
nal
declar
ations
of
the
a
b c
=
a
+
b
d
e
f = c + d + e
g h
=
f
–
g
i i' i'
j = h – i
– i' – i'
European
IT EUR 5 471 096 343,07 0,00 5 471 096 343,07 – 50 445 262,13 – 124 588 830,86 5 296 062 250,08 5 460 957 034,26 – 164 894 784,18 – 24 758 663,41 – 140 136 120,77 0,00 0,00
Union
Sugar Fund
Expenditure (3 ) Assigned
revenue
(3 )
Article 32 (= e)
Expenditure (4 ) Assigned
revenue
(4 )
Total (= j)
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 2006.
(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 (column a) or,
the total of the monthly declarations for the expenditure disjoined (column b).
(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.
L
46/49

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