Keywords
Summary

Keywords

1. Agriculture - Common organisation of the markets - Oils and fats - Olive oil - Production aid - Time-limit for payment to producers - Non-observance - Plea of force majeure not available

(Commission Regulation No 2796/93)

2. Agriculture - EAGGF - Clearance of accounts - Disallowance of expenditure arising from irregularities in the application of the Community rules - Challenged by the Member State concerned - Burden of proof

(Council Regulation No 729/70)

Summary

1. A Member State cannot plead a case of force majeure as regards compliance with the deadline laid down for payment of aid to producers in Regulation No 2796/93 amending Regulation No 3061/84 laying down detailed rules for the application of the system of production aid for olive oil, where it puts forward that argument only after the date laid down has taken no steps to have that date varied by the Community authorities, even though the difficulties which it describes were known in advance.

( see paras 24-25 )

2. A Member State against which the Commission has justified its decision finding the absence of or shortcomings in the controls carried out in connection with the application of the EAGGF Guarantee Section cannot rebut the Commission's findings by mere assertions which are not substantiated by evidence of a reliable and operational supervisory system. If it is not able to show that they are inaccurate, the Commission's findings can give rise to serious doubts as to the existence of an adequate and effective series of supervisory measures and inspection procedures.

( see para. 53 )