31970R2697

970 Official Journal of the European Communities

31.12.70 Official Journal of the European Communities No L 285/63

REGULATION (EEC) No 2697/70 OF THE COMMISSION

of 29 December 1970 on the procedure for making Community funds available to Member States under the Guarantee Section of the EAGGF

THE COMMISSION OF THE . EUROPEAN COM­ of the Community funds, the Member States must MUNITIES, transmit to it each month an application relating to financial requirements and accompanied, in respect of Having regard to the Treaty establishing , the each disbursing authority and agency, by statements European Economic Community; of the cash position, expenditure effected and expenditure estimates for three months ; Having regard to Council Regulation (EEC) No 729/701 of 21 April 1970 on the financing of the Whereas the funds made available to Member States common , agricultural policy, and in particular must cover the actual cash requirements of at least Articles 4 and 5 thereof; one month;

Whereas Article 4 (2) of Regulation (EEC) No 729/70 Whereas, although aggregate sums are made available provides for making available to Member States the to Member States each month, a Member State may funds needed for payments under the Guarantee experience cash difficulties because expenditure is Section of the European Agricultural Guidance and running at a higher rate than that initially provided Guarantee Fund; whereas the best way to operate the for ; new financing system will be to make Community funds available to each Member State by transfers to its account ; Whereas provision should consequently be made for the possibility of special advances which will be Whereas, having regard in particular to the- lar-ge deducted from the next monthly advance; number of disbursing authorities and agencies, the best way to administer the Community funds is to Whereas the following Regulations contain special make the individual Member States responsible for provisions in respect of the financing of expenditure their distribution among such authorities and by intervention agencies on the buying in of products agencies ; and on subsequent operations : Council Regulation (EEC) No 78 6/692 of 22 April 1969 on the financing Whereas, however, the Commission must be of intervention expenditure in respect of the internal informed at regular intervals of the movement of market in oils and fats ; Council Regulation (EEC) funds ; , No 787/69® of 22 April 1969 on the financing of­ intervention expenditure in respect of the internal Whereas, in order to know exactly how the market in cereals and rice; Council Regulation' (EEC) Community funds are used, it is indispensable that No 788/694 of 22 April 1969 on the financing of each disbursing authority and agency should keep intervention expenditure in respect of the internal accounts devoted exclusively to these funds and to market in pigmeat; Council Regulation (EEC) No their use; 2334/695 of 25 November 1969 on the financing of

Whereas, in order to ensure that the Commission can assess financial requirements and know the rate of use

2 OJ No L 105, 2.5.1969, p. 1 . 3 OJN0LIO5, 2.5.1969, p. 4. 4 OJ No L 105 , 2.5.1969, p. 7. OJ No L 94, 28.4.1970, p . 13 . 8 OJ No L 298 , 27.11.1969, p. 1 .

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intervention expenditure in .respect of the internal available to it under Article 1 ( 1 ) and to the use made market in sugar; Council Regulation (EEC) No of those funds . 2305 /701 of 10 November 1970 on the financing of intervention expenditure in respect of the internal market in beef and veal and Council Regulation Article 3 (EEC) No 2306/702 of 10 November 1970 on the financing of intervention expenditure in respect of the 1 . Not later than the 20th of each month the internal market in milk and milk products ; Member States shall forward to the Commission , in triplicate, an application concerning the financial Whereas the statements of expenditure effected and requirements of disbursing authorities and agencies. of estimated expenditure must cover the various cost categories, it being understood that corrections will be made on the basis of the accounts which the 2. An application within the meaning of paragraph Member States will transmit at regular intervals ; 1 shall be accompanied by supporting statements for each disbursing authority and agency drawn up in Whereas the EAGGF Committee has not delivered an accordance with the Annexes to this Regulation and comprising : Opinion within the time limit set by its Chairman ; ( a) a statement of the cash position at the end of the preceding month (Annex I); HAS ADOPTED THIS REGULATION : ( b) a statement of expenditure, broken down Article 1 according to the items of the budget of the European Communities and according to types of 1 . The Commission, after deciding on advances in expenditure ( Annex II ), showing : accordance with Article 5 ( 2) of Regulation ( EEC ) — the expenditure in the month preceding that No 729/70, shall make available to Member States , in which the application within the meaning within the limit of the budget credits," the funds of paragraph 1 is made, needed for payment by the disbursing authorities and — the expenditure estimate for the current agencies of expenditure financed by the Guarantee month and for the two following months . Section of the EAGGF. An account shall be opened for this purpose by each Member State at the Treasury or another financial institution . Article 4 2 . The name and number of those accounts shall be communicated to the Commission by the Member 1 . On the basis of applications within the meaning States at the date of entry into force of this of Article 3 ( 1 ), and not later than one month after Regulation . receipt thereof, the Commission shall decide on additional payments in accordance with the second 3 . Each Member State shall ensure that the indent of Article 5 ( 2 ) ( a ) of Regulation (EEC) No Community funds are properly managed and shall 729/70 . distribute them among the disbursing authorities and agencies in such a- manner as to allow a similar rate Those payments shall be calculated in such a way of payment for all the expenditure financed by the that they are large enough to cover expenditure to be Guarantee Section of the EAGGF. borne by the authorities and agencies until the end of the quarter referred to in the second indent of Article 4. On the first working day of each week, Member 3 (2) ( b ). States shall forward to the Commission by telex a statement showing changes in the account referred to 2. The additional payments decided under in paragraph 1 and specifying the amounts involved paragraph 1 shall be made by the Commission within and the authorities and agencies receiving them . three days of its decision .

Article 2 Article 5 Each disbursing authority and agency shall keep accounts devoted exclusively to the funds made 1 . Where funds made available to a Member State are liable to be exhausted before the date laid down for the next payment, that Member State shall notify 1 OJ No L 249, 17.11.1970, p. 1 . the Commission and where necessary apply for a 2 OJ No L 249, 17.11.1970, p. 4. special advance specifying the grounds therefor .

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2. On the basis' of the notification referred to in 3 . On the basis of the accounts received under paragraph 1 , the Commission may make a special paragraph 2, and without prejudice to the verification advance of which account shall be taken when the and approval referred to in Article 5 (2) (b) of next advance is decided. The Commission shall notify Regulation (EEC) No 729/70, the Commission shall the Member State concerned by telex of its decision . determine the amount of the net losses sustained by each authority and agency in the year just ended.

Article 6 4. Any difference between the amount determined under paragraph 3 and that entered as the 1 . The expenditure referred to in Article 2 (c) of expenditure up till the end of December which is a Regulation (EEC) No 786/69, Article 2 ( a) of net loss shall be taken into account by the Regulation (EEC) No 787/69, Article 2 (b) of Commission when it makes its first decision on Regulation (EEC) No 788/69, Article 2 (b) of advances after the determination of the amounts Regulation No 2334/69 , the first indent of Article 1 referred to in paragraph 3 . of Regulation (EEC) No 2305/70 and Articlfe 3 ( 1 ) of Regulation (EEC) No 2306/70 must be broken down in a table conforming to Annex II by the various cost categories listed in those Regulations . Article 7

2. Member States shall forward to the Commission Not later than one year after the date when this the accounts by product and sector drawn up under Regulation is applied, the Commission shall examine the Regulations referred to in paragraph 1 within its implementation and where necessary shall decide, three months of the closing date laid down for those after consultation with the EAGGF Committee, on accounts under Article 3 of . Regulation ( EEC) No alterations which ., experience has shown to be 729 /70 . necessary .

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

Done at Brussels, 29 December 1970 .

For the Commission

The President Franco M. MALFATTI

Official Journal of the European Communities 973

ANNEX 1

to Commission Regulation (EEC) No 2697/70 of 29 December 1970 on the procedure for making Community funds available to Member States under the Guarantee Section of the EAGGF

MEMBER STATE AUTHORITY OR AGENCY

Statement of cash position on

A. Liquid assets 1 . Liquid assets on 2. Payments received 3 . Other receipts for the account of the Community

Total A

B. Expenditure Expenditure in the month of chargeable to EAGGF ( Guarantee)

Total B

C. Balance Available on A — B

Date, stamp and signature of the authority or agency

1 Details to be annexed. 2 Itemised in Annex IT, column (a ).

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ANNEX II

to Commission Regulation (EEC) No 2697/70 of 29 December 1970 on the procedure for making Community funds available to Member States under the Guarantee Section of the EAGGF

MEMBER STATE AUTHORITY OR AGENCY

Statement of expenditure and estimate of financial requirements

Estimate of future Budget Expenditure Expenditure expenditure in month of from Type of expenditure toto Chap. Art. (a ) (b) 1 (c) 2 (d ) 3 (e) 4 I carried over

Total or sums to be carried over

Date, stamp and signature of the authority or agency

1 Cumulative expenditure from 1 January, or from the date of application of Articles 4 and 5 of Regulation (EEC ) No 729/70, to the end of the month of column ( a). 2 Estimate of expenditure in the month immediately after the month of column (a). 3 Estimate of expenditure in the second month after the month of 'column (a). 4 Estimate of expenditure in the third month after the month of column (a).