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16.2.2011 Official
Journal
of
the
European
Union L
42/29
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 2008 financial year
(notified under document C(2011) 757)
(Only the Italian text is authentic)
(2011/104/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
national courts. Article 32(3) of the said Regulation
Having regard to Council Regulation (EC) No 1290/2005 of
obliges Member States to submit to the Commission,
21 June 2005 on the financing of the common agricultural
together with the annual accounts, a summary report
policy ( 1 ), and in particular Article 30 and Article 32(8) thereof,
on the recovery procedures undertaken in response to
irregularities. Detailed rules on the application of the
Member States’ reporting obligation of the amounts to
After consulting the Committee on the Agricultural Funds,
be recovered are laid down in Regulation (EC) No
885/2006. Annex III to the said Regulation provides
the model table that had to be provided in 2009 by
Whereas:
the Member States. On the basis of the tables
completed by the Member States, the Commission
should decide on the financial consequences of non-
(1) Commission Decisions 2009/367/EC
(
recovery of irregularities older than 4 or 8 years

2 ) and
2010/56/EU (
respectively. This decision is without prejudice to future

3 ) cleared, for the 2008 financial year, the
accounts of all the paying agencies except for the Italian
conformity decisions pursuant to Article 32(8) of Regu
paying agency ‘ARBEA’ and the Greek paying agency
lation (EC) No 1290/2005.
‘OPEKEPE’.
(5) Pursuant
to
Article
32(6)
of
Regulation
(EC)
No
(2) Following
the
transmission
of
new
information
and
after
1290/2005, Member States may decide not to pursue
additional checks, the Commission can now take a
recovery. Such a decision may only be taken if the
decision on the integrality, accuracy and veracity of the
costs already and likely to be incurred total more than
accounts submitted by the Italian paying agency ‘ARBEA’.
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. 2008, 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 111, 5.5.2009, p. 44.
( 3 ) OJ L 32, 4.2.2010, p. 6.
concerned on the basis of Decisions 2009/367/EC and
( 4 ) OJ L 171, 23.6.2006, p. 90.
2010/56/EU.

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L 42/30
EN
Official Journal of the European Union
16.2.2011
(7) In
accordance
with
Article
30(2)
of
Regulation
(EC)
No The amounts which are recoverable from, or payable to, each
1290/2005, this Decision does not prejudice decisions
Member State concerned pursuant to this Decision, including
taken subsequently by the Commission excluding from
those resulting from the application of Article 32(5) of Regu
EU financing expenditure not effected in accordance with
lation (EC) No 1290/2005, are set out in Annex.
EU rules,
Article 2
This Decision is addressed to the Italian Republic.
HAS ADOPTED THIS DECISION:
Done at Brussels, 15 February 2011.
Article 1
The accounts of the Italian paying agency ‘ARBEA’ concerning
For the Commission
expenditure financed by the European Agricultural Guarantee
Fund (EAGF), in respect of the 2008 financial year, are
Dacian CIOLO
hereby cleared.
Member of the Commission

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16.2.2011 Off
ANNEX
CLEARANCE OF THE PAYING AGENCIES’ ACCOUNTS
FINANCIAL YEAR 2008
Amount to be recovered from or paid to the Member State
EN

2008 — Expenditure/Assigned
Revenue for the Paying Agencies for
which the accounts are
Amount
Amount
recovered
Amount to be
cleared disjoined
Reductions and
Reductions
Amount to be
according to
Total including
Payments made to the recovered from
recovered from
from (–) or
recovered
MS
Total a + b
suspensions for the
(–) or paid to (+) paid to (+) the from (–) or
= total of the
whole financial
Article 32 of
reductions and
Member State for the (–) or paid to (+) the Member State Member State paid to (+) the
expenditure/
year (
Regulation
suspensions
financial year
the Member
1 )
= expenditure/assigned
1290/2005
State (
under Decision
under
Member
2 )
assigned
2009/367/EC
Decision
State (2 )
revenue declared in revenue in the
2010/56/EU
the annual declaration
monthly
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
270
684
692,35 0,00 4 270 684 692,35 –
1
887
157,65 –
4
363
298,08 4 264 434 236,62 4
264
132
179,52 302
057,10 256
775,28 0,00 45
281,82
nal
of
the
Sugar Fund
European
Expenditure (3 ) Assigned
revenue
(3 )
Article 32 (= e)
Expenditure (4 ) Assigned
revenue
(4 )
Total (= h)
MS
05 07 01 06 6701
05 02 16 02 6803 6702
Union
k
l
m
n
o
p = k + l + m + n + o
IT EUR 45
281,82 0,00 0,00 0,00 0,00 45
281,82
(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 2008.
(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).
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.
L
42/31

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