51999PC0169

Proposal for a Council Regulation amending Regulation (EC) No 723/97 on the implementation of Member States' action programmes on control of EAGGF Guarantee Section expenditure

(1999/C 137/08)

COM(1999) 169 final - 1999/0091(CNS)

(Submitted by the Commission on 16 April 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

(1) Whereas Article 8 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy(1), as last amended by Regulation (EC) No 1287/95(2), lays down that the Member States are to take the measures necessary to satisfy themselves that transactions financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), are actually carried out and are executed correctly, to prevent and deal with irregularities and to recover sums lost as a result of irregularities or negligence;

(2) Whereas Article 1 of Council Regulation (EC) No 723/97(3) lays down that the Community is to contribute towards the costs incurred by Member States in implementing new action programmes, arising out of new Community obligations, approved by the Commission and aimed at improving the structures or effectiveness of EAGGF Guarantee Section expenditure controls;

(3) Whereas, in order to improve controls of EAGGF Guarantee Section expenditure, provision should be made for Community financing in particular cases where the Commission asks Member States to carry out a number of controls in certain sectors considerably above the minimum rate laid down in other Regulations,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 723/97 is amended as follows.

The following Article 5a is added:

"Article 5a

Within the limits of the financial resources available the Commission may, under this Regulation, provide part-financing of 50 % of the additional expenditure incurred by carrying out additional controls in particular cases where the Commission asks the Member States to carry out a number of controls in certain sectors considerably above the minimum rate laid down in other Regulations.

The expenditure in question may not cover staff costs or costs normally incurred under Article 1(4) of Regulation (EEC) No 729/70."

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ L 94, 28.4.1970, p. 13.

(2) OJ L 125, 8.6.1995, p. 1.

(3) OJ L 108, 25.4.1997, p. 6.