Commission Implementing Decision 2013/210/EU

law://eu/dec/2013/210@2026-11-14

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy^note, and in particular Articles 30 and 32 thereof,After consulting the Committee on the Agricultural Funds,Whereas:

(1)Under Article 30 of Regulation (EC) No 1290/2005, the Commission, on the basis of the annual accounts submitted by the Member States, accompanied by the information required for the clearance of accounts and a certificate regarding the integrality, accuracy and veracity of the accounts and the reports established by the certification bodies, clears the accounts of the paying agencies referred to in Article 6 of the said Regulation.

(2)Pursuant to the second subparagraph of Article 5(1) of Commission Regulation (EC) No 883/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD^note, account is taken for the 2012 financial year of expenditure incurred by the Member States between 16 October 2011 and 15 October 2012.

(3)The first subparagraph of Article 10(2) of Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD^note lays down that the amounts that are recoverable from, or payable to, each Member State, in accordance with the accounts clearance decision referred to in the first subparagraph of Article 10(1) of the said Regulation, shall be determined by deducting the monthly payments in respect of the financial year in question, i.e. 2012, from expenditure recognised for that year in accordance with paragraph 1. The Commission shall deduct that amount from or add it to the monthly payment relating to the expenditure effected in the second month following that in which the accounts clearance decision is taken.

(4)The Commission has checked the information submitted by the Member States and it has communicated to the Member States before 31 March 2013 the results of its verifications, along with the necessary amendments.

(5)The annual accounts and the accompanying documents permit the Commission to take, for certain paying agencies, a decision on the completeness, accuracy and veracity of the annual accounts submitted. Annex I lists the amounts cleared by Member State and the amounts to be recovered from or paid to the Member States.

(6)The information submitted by certain other paying agencies requires additional inquiries and their accounts cannot be cleared in this Decision. Annex II lists the paying agencies concerned.

(7)Under Article 9(4) of Regulation (EC) No 883/2006, any overrun of deadlines during August, September and October is to be taken into account in the clearance of accounts decision. Some of the expenditure declared by certain Member States during these months in the year 2012 was effected after the applicable deadlines. This Decision should therefore fix the relevant reductions.

(8)The Commission, in accordance with Article 17 of Regulation (EC) No 1290/2005 and Article 9 of Regulation (EC) No 883/2006, has already reduced or suspended a number of monthly payments on entry into the accounts of expenditure for the 2012 financial year. In order to avoid any premature, or temporary, reimbursement of the amounts in question, they should not be recognised in this Decision and they should be further examined under the conformity clearance procedure pursuant to Article 31 of Regulation (EC) No 1290/2005.

(9)Pursuant to Article 32(5) of Regulation (EC) No 1290/2005, 50 % of the financial consequences of non-recovery of irregularities shall be borne by the Member State concerned if the recovery of those irregularities has not taken place within 4 years of the primary administrative or judicial finding, or within 8 years if the recovery is taken to the national courts. Article 32(3) of the said Regulation obliges Member States to submit to the Commission, together with the annual accounts, a summary report on the recovery procedures undertaken in response to irregularities. Detailed rules on the application of the Member States’ reporting obligation of the amounts to be recovered are laid down in Regulation (EC) No 885/2006. Annex III to the said Regulation provides the table that had to be provided in 2013 by the Member States. On the basis of the tables completed by the Member States, the Commission should decide on the financial consequences of non-recovery of irregularities older than 4 or 8 years respectively. This decision is without prejudice to future conformity decisions pursuant to Article 32(8) of Regulation (EC) No 1290/2005.

(10)Pursuant to Article 32(6) of Regulation (EC) No 1290/2005, Member States may decide not to pursue recovery. Such a decision may only be taken if the costs already, and likely to be, incurred total more than the amount to be recovered or if the recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. If that decision has been taken within 4 years of the primary administrative or judicial finding or within 8 years if the recovery is taken to the national courts, 100 % of the financial consequences of the non-recovery should be borne by the EU budget. In the summary report referred to in Article 32(3) of Regulation (EC) No 1290/2005, the amounts for which the Member State decided not to pursue recovery and the grounds for the decision are shown. These amounts are not charged to the Member States concerned and are consequently borne by the EU budget. This decision is without prejudice to future conformity decisions pursuant to Article 32(8) of the said Regulation.

(11)In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from European Union financing expenditure not effected in accordance with European Union rules,

HAS ADOPTED THIS DECISION:

Article 1 #

With the exception of the paying agencies referred to in Article 2, the accounts of the paying agencies of the Member States concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF) in respect of the 2012 financial year, are hereby cleared.The amounts which are recoverable from, or payable to, each Member State pursuant to this Decision, including those resulting from the application of Article 32(5) of Regulation (EC) No 1290/2005, are set out in Annex I.

CLEARANCE OF THE PAYING AGENCIES' ACCOUNTSFINANCIAL YEAR 2012
MS		2012 — Expenditure/Assigned Revenue for the Paying Agencies for which the accounts are	Total a + b	Reductions and suspensions for the whole financial year^note	Reductions according to Article 32 of Regulation (EC) No 1290/2005	Total including reductions and suspensions	Payments made to the Member State for the financial year	Amount to be recovered from (–) or paid to (+) the Member State^note
cleared	disjoined
= expenditure/assigned revenue declared in the annual declaration	= total of the expenditure/assigned revenue in the monthly declarations
		a	b	c = a + b	d	e	f = c + d + e	g	h = f – g
BE	EUR	626505990,43	17563033,17	644069023,60	–835758,00	–9465,76	643223799,84	643268110,28	–44310,44
BG	EUR	409313564,46	0,00	409313564,46	0,00	0,00	409313564,46	409382531,46	–68967,00
CZ	EUR	756245858,01	0,00	756245858,01	12287000,00	0,00	768532858,01	768528458,42	4399,59
DK	DKK	0,00	0,00	0,00	0,00	–66422,98	–66422,98	0,00	–66422,98
DK	EUR	920591828,88	0,00	920591828,88	0,00	0,00	920591828,88	920419781,93	172046,95
DE	EUR	5208255884,14	226507719,74	5434763603,88	–10670,90	–116714,81	5434636218,17	5434442720,94	193497,23
EE	EUR	84668605,91	0,00	84668605,91	6584000,00	0,00	91252605,91	91240137,57	12468,34
IE	EUR	1285148754,42	0,00	1285148754,42	–41641,57	–56295,34	1285050817,51	1283663941,98	1386875,53
EL	EUR	2291882303,19	0,00	2291882303,19	–261095,95	–1786932,58	2289834274,66	2291621207,24	–1786932,58
ES	EUR	5785117916,91	0,00	5785117916,91	–289492,07	–1953186,99	5782875237,85	5785098764,38	–2223526,53
FR	EUR	8574978838,60	0,00	8574978838,60	–618018,77	–2836879,32	8571523940,51	8573913709,81	–2389769,30
IT	EUR	4584038546,05	0,00	4584038546,05	–5943018,39	–5281611,90	4572813915,76	4574209766,71	–1395850,95
CY	EUR	37135164,63	0,00	37135164,63	115000,00	0,00	37250164,63	37185681,72	64482,91
LV	EUR	126627252,89	0,00	126627252,89	202904,04	0,00	126830156,93	126811515,51	18641,42
LT	LTL	0,00	0,00	0,00	0,00	–184,79	–184,79	0,00	–184,79
LT	EUR	323440802,21	0,00	323440802,21	3181000,00	0,00	326621802,21	326572046,77	49755,44
LU	EUR	33823988,14	0,00	33823988,14	–2597,78	–998,55	33820391,81	33608834,43	211557,38
HU	HUF	0,00	0,00	0,00	0,00	–250657247,00	–250657247,00	0,00	–250657247,00
HU	EUR	1156158797,34	0,00	1156158797,34	0,00	0,00	1156158797,34	1156147681,97	11115,37
MT	EUR	5237634,56	0,00	5237634,56	0,00	0,00	5237634,56	5225133,76	12500,80
NL	EUR	865043698,77	0,00	865043698,77	–124990,78	–3055,23	864915652,76	866711150,74	–1795497,98
AT	EUR	731289360,97	0,00	731289360,97	0,00	0,00	731289360,97	731300872,35	–11511,38
PL	PLN	0,00	0,00	0,00	0,00	–519914,58	–519914,58	0,00	–519914,58
PL	EUR	2819440069,24	0,00	2819440069,24	12429920,20	0,00	2831869989,44	2832111656,96	–241667,52
PT	EUR	753645124,44	0,00	753645124,44	–2860720,53	–424567,26	750359836,65	750267141,91	92694,74
RO	EUR	989121603,72	0,00	989121603,72	–65967,69	0,00	989055636,03	991300594,37	–2244958,34
SI	EUR	124384026,71	0,00	124384026,71	393000,00	–954,10	124776072,61	124777026,71	–954,10
SK	EUR	328103748,64	0,00	328103748,64	3634000,00	0,00	331737748,64	331777829,53	–40080,89
FI	EUR	550258170,47	0,00	550258170,47	–73951,98	–23890,45	550160328,04	550231344,07	–71016,03
SE	SEK	0,00	0,00	0,00	0,00	–631641,70	–631641,70	0,00	–631641,70
SE	EUR	639766558,88	0,00	639766558,88	–24704,47	0,00	639741854,41	639799725,33	–57870,92
UK	GBP	0,00	0,00	0,00	0,00	–51932,23	–51932,23	0,00	–51932,23
UK	EUR	3313755544,68	0,00	3313755544,68	–578462,05	0,00	3313177082,63	3308426422,77	4750659,86

Annex II

Clearance of the paying agencies' accounts financial year 2012 - eagf

List of the Paying Agencies for which the accounts are disjoined and are subject of a later clearance decision
Member State	Paying Agency
Germany	Hamburg-Jonas
Germany	Helaba
Belgium	BIRB

Commission Implementing Decision 2013/210/EU

Commission Implementing Decision 2013/210/EU

Article 1 #

Article 2 #

Article 3 #

Annex I

Annex II

Clearance of the paying agencies' accounts financial year 2012 - eagf

Key facts

Connections

History · 2 versions

Article 1 #

Article 2 #

Article 3 #

Annex I

Annex II

Clearance of the paying agencies' accounts financial year 2012 - eagf