EU system to identify certain beneficiaries of transactions financed by the EAGGF Guarantee Section

SUMMARY OF:

Regulation (EC) No 1469/95 — measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF)

WHAT IS THE AIM OF THE REGULATION?

It seeks to establish an EU-wide system to identify and notify the competent authorities in EU countries and the European Commission of operators (i.e. farmers) presenting a risk of non-reliability.
It covers tendering procedures, export refunds and sales at reduced prices of intervention products, financed by the Guarantee Section of the EAGGF.

KEY POINTS

The identification procedures and notification must be implemented on the initiative of the EU country in which the risk of the operator’s non-reliability is identified. Where an EU country fails to fulfil this obligation, the Commission must ensure that it implements this identification and notification system.
EU countries may take measures to deal with operators. These include in particular:
- the reinforced checking of all operations performed by the operator;
- the suspension, until the existence of an irregularity is determined, of payment of amounts relating to current operations to be determined, and, where appropriate, of release of the security relating thereto;
- their exclusion for a period of time from operations to be determined.
These measures must comply with the following principles, in accordance with the national law of the EU country:
- a prior hearing and right of appeal by the operator concerned;
- proportionality between the irregularity committed or suspected and the measures to be applied;
- non-discrimination between operators.
EU countries and the Commission must take all necessary precautions to ensure that the information which they exchange in accordance with this regulation is kept confidential.
This regulation supplements the specific rules under the common agricultural policy.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 6 July 1996.

BACKGROUND

For more information, see:

Financing the common agricultural policy (European Commission).

MAIN DOCUMENT

Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF (OJ L 145, 29.6.1995, pp. 1-3)