Keywords
Summary

Keywords

1 . AGRICULTURE - COMMON AGRICULTURAL POLICY - FINANCING BY EAGGF - DECISION ON CLEARANCE OF ACCOUNTS - SUBJECT-MATTER - AID PAID CONTRARY TO COMMUNITY RULES - NON-COMPLIANCE WITH FORMALITIES AS TO PROOF AND SUPERVISION - CHARGING TO EAGGF - NOT POSSIBLE

( REGULATION NO 729/70 OF THE COUNCIL , ART . 5 ( 2 ) ( B ))

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - MILK AND MILK PRODUCTS - AID FOR SKIMMED-MILK POWDER INTENDED FOR ANIMAL FEED - DENATURING - DETAILED RULES ON SUPERVISION - MANDATORY NATURE

( REGULATION NO 990/72 OF THE COMMISSION , ART . 3 ( 2 ))

3 . MEASURES ADOPTED BY THE INSTITUTIONS - REGULATIONS - UNIFORM APPLICATION - OBLIGATIONS OF MEMBER STATES

4 . MEASURES ADOPTED BY THE INSTITUTIONS - OBLIGATION TO STATE REASONS - EXTENT - DECISION ON CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF

( EEC TREATY , ART . 190 )

Summary

1 . THE FUNCTION OF A COMMISSION DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF IS TO ESTABLISH WHETHER THE EXPENDITURE WAS INCURRED BY THE NATIONAL AUTHORITIES IN ACCORDANCE WITH COMMUNITY PROVISIONS . IN CASES WHERE COMMUNITY RULES AUTHORIZE PAYMENT OF AID ONLY ON CONDITION THAT CERTAIN FORMALITIES RELATING TO PROOF OR SUPERVISION ARE OBSERVED , AID PAID IN DISREGARD OF THAT CONDITION IS NOT IN ACCORDANCE WITH COMMUNITY LAW AND THE EXPENDITURE INCURRED THEREIN MAY NOT , IN PRINCIPLE , BE CHARGED TO THE EAGGF .

2 . IN ORDER TO ENSURE EFFECTIVE SUPERVISION OF THE PROPER CONDUCT OF DENATURING OPERATIONS AND TO PREVENT THE SAME PRODUCT FROM BENEFITING MORE THAN ONCE FROM THE AID , REGULATION NO 990/72 ON DETAILED RULES FOR GRANTING AID FOR SKIMMED-MILK POWDER FOR USE AS FEED PROVIDES FOR ON-THE-SPOT CHECKS ON DENATURING UNDERTAKINGS . ARTICLE 3 ( 2 ) OF THE REGULATION REQUIRES UNDERTAKINGS CARRYING OUT DENATURING TO GIVE CERTAIN INFORMATION TO THE COMPETENT NATIONAL AGENCY BEFORE PROCEEDING WITH THE DENATURING . MEMBER STATES MUST COMPLY WITH THE SYSTEM OF SUPERVISION THUS LAID DOWN .

3 . THE PROVISIONS OF COMMUNITY REGULATIONS MUST BE UNIFORMLY APPLIED IN ALL THE MEMBER STATES AND HAVE , SO FAR AS POSSIBLE , THE SAME EFFECT THROUGHOUT THE TERRITORY OF THE COMMUNITY . THE POSITION IS NO DIFFERENT WHERE A REGULATION LAYS DOWN SPECIFIC MEASURES OF SUPERVISION BUT LEAVES TO MEMBER STATES THE TASK OF ENSURING THEIR OBSERVANCE BY APPROPRIATE ADMINISTRATIVE MEASURES .

4 . THE EXTENT OF THE DUTY TO STATE REASONS , LAID DOWN BY ARTICLE 190 OF THE TREATY , DEPENDS ON THE NATURE OF THE ACT IN QUESTION AND ON THE CONTEXT IN WHICH IT IS ADOPTED .

A DECISION RELATING TO THE CLEARANCE OF ACCOUNTS IN RESPECT OF EXPENDITURE FINANCED BY THE EAGGF AND REFUSING TO CHARGE TO IT A PROPORTION OF THE EXPENDITURE DECLARED DOES NOT REQUIRE A DETAILED STATEMENT OF REASONS WHERE THE GOVERNMENT CONCERNED WAS CLOSELY INVOLVED IN THE PROCESS BY WHICH THE CONTESTED DECISION WAS MADE AND WAS THEREFORE AWARE OF THE REASON FOR WHICH THE COMMISSION CONSIDERED THAT THE DISPUTED AMOUNT MIGHT NOT BE CHARGED TO THE EAGGF .