31974R0165

24 . 1 . 74 Official Journal of the European Communities No L 20/ 1

I

(Acts whose publication is obligatory)

REGULATION ( EEC , EURATOM , ECSC) No 165 / 74 OF THE COUNCIL of 21 January 1974 determining the powers and obligations of officials appointed by the Commis­ sion pursuant to Article 14 (5) of Regulation (EEC, EURATOM, ECSC) No 2/71

THE COUNCIL OF THE EUROPEAN tional recovery control carried out following a COMMUNITIES , reasoned request by the Commission ;

Having regard to the Treaty establishing the European Whereas the conditions to be observed by the officials Coal and Steel Community, and in particular Article appointed by the Commission during inspections 78 ( f) thereof ; should be defined, particularly with regard to profes­ Having regard to the Treaty establishing the European sional secrecy and the detailed rules according to Economic Community, and in particular Article 209 which they exercise " their powers of investigation ; thereof ; Whereas the other provisions for implementing Having regard to the Treaty establishing the European Article 14 of Regulation (EEC, Euratom, ECSC) No Atomic Energy Community, and in particular Article 2/71 should be defined ; 183 thereof ; Having regard to the Treaty establishing a single Whereas, pursuant to Article 14 (3) of Regulation ( EEC , Euratom , ECSC) No 2/ 71 , the measures of Council and a single Commission of the European Communities, and in particular Article 20 thereof ; control referred to in that Article shall not prejudice, inter alia, those measures of control carried out by Having regard to the Decision of 21 April 1 970 ( a ) on the Member States in accordance with their own provi­ the replacement of financial contributions from sions laid down by law, regulation or administrative Member States by the Communities' own resources, action , and in particular Article 6 (2) thereof ;

Having regard to Council Regulation (EEC, Euratom , ECSC) No 2/71 (2 ) of 2 January 1971 , implementing HAS ADOPTED THIS REGULATION : the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources, and in particular Article Article 1 14 (5) thereof ;

Having regard to the proposal from the Commission ; The Commission shall be associated with the measures of control referred to in Article 14 of Regula­ Having regard to the Opinion of the European Parlia­ tion (EEC, Euratom , ECSC) No 2/ 71 in the person of ment (3 ) ; those of its officials whom it has specifically Whereas the Member States are introducing measures appointed for this purpose . of control relating to the establishment and making available of own resources ; whereas however, they are obliged to associate the Commission with such Article 2 measures of controls should the Commission so request ; The measures of control referred to in Article 1 shall be all those required for the establishment and the Whereas that obligation covers both measures of making available of own resources, both being control carried out by the Member States and the addi­ provided for in Regulation ( EEC, Euratom, ECSC) No 2/ 71 . They shall be carried out by the departments, (') OJ No L 94, 28 . 4. 1970 , p. 19 . \2) OJ No L 3 , 5. 1 . 1971 , p. 1 . agencies or national authorities, a list of which shall 3) OJ No C 112, 27 . 10 . 1972, p. 13 . be notified to the Commission , at the latter's request.

No L 20 /2 Official Journal of the European Communities 24 . 1 . 74

Member States and the Commission shall regularly (b) conformity of the operations establishing and maintain those contacts likely to facilitate the imple­ making available own resources with the Commu­ mentation of Article 14 (2) of Regulation (EEC, nity rules laid down in the Decision of 21 April Euratom , ECSC) No 2/ 71 . 1970 and Regulation (EEC, Euratom , ECSC) No 2/ 71 ; Each inspection visit, with which the Commission has (c) the existence of the supporting documents requested to be associated, shall be preceded by contacts between the Member States concerned and provided for in Article 3 of Regulation (EEC, Euratom , ECSC) No 2/71 , and their conformity the Commission in order to lay down detailed proce­ dures . with the above operations .

For each visit, the Commission officials must be given Article 5 written terms of reference by the Commission stating their identity and official capacity. 1 . All information gathered on the measures of control dealt with in this Regulation shall be subject to professional secrecy. It may not be communicated Article 3 to persons other than those within the institutions of the Communities or the institutions whose duty it is 1 . When the Commission is associated with the to know, or be used for purposes other than those measures of control carried out by the Member States, which are laid down in Regulation (EEC, Euratom , the officials which it has appointed : ECSC) No 2/71 unless prior consent has been given by the Member State which originally provided that (a) shall conduct themselves during the inspections in information . a manner compatible with the rules and usages prescribed for officials of the Member States with 2. This Article shall apply to all officials and servants which they are associated ; of the Communities . (b) shall be bound by professional secrecy, under the conditions laid down in Article .5 below ; Article 6 (c) shall be entitled to have contact with debtors only through the responsible national civil servant, on Save as otherwise provided in Article 5 : the understanding that it is for the competent national administration to determine where such 1 . The results of the measures of control carried out contacts may take place . shall be brought to the attention of the Member State concerned through the appropriate channels 2. As regards organization of work and, more gener­ within a period of two months, and the Member ally, relations with the departments involved in the State may submit its observations within the two measures, the measures of control shall be under the months following receipt of the communication . direction of the department designated by the Member State pursuant to Article 2 to carry out the 2. Following the procedure provided for in paragraph 1 , these results and observations shall be made measures of control provided for in Article 14 of Regu­ known to the other Member States within the Advi­ lation ( EEC, Euratom , ECSC) No 2/ 71 . sory Committee on the Communities' Own Resour­ ces . Article 4

Article 7 1 : The Member States shall ensure that the depart­ ments or agencies responsible for establishing and Subject to provisions to be adopted at the appropriate making available their own resources and the authori­ time pursuant to Article 1 of Regulation ( EEC, ties which they have instructed to carry out measures Euratom , ECSC) No 2/71 , this Regulation shall not of control in this respect, afford the officials appointed apply to own resources derived from Value Added by the Commission every assistance necessary for Tax . carrying out their duties .

2. Such officials may be associated with national Article 8 measures of control relating to :

(a) establishment, based on information available to This Regulation shall enter into force on the day the national departments, of own resources, following its publication in the Official Journal of accounting therefor and making available thereof ; the European Communities.

24 . 1 . 74 Official Journal of the European Communities No L 20 /3

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

Done at Brussels, 21 January 1974. For the Council

The President

J. ERTL

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