Contents
- THE EUROPEAN COMMISSION, Having regard to the Treaty on th…
- 1 The accounts of the Italian paying agency ‘Agenzia della R…
- 2 This Decision is without prejudice to future conformity cl…
- 3 This Decision is addressed to the Italian Republic and to…
- I Clearance of the Paying Agencies' accountsFinancial year 2020Amount to be recovered from or paid to the Member State
- II Clearance of the Paying Agencies' accountsFinancial year 2020 - EAGF
THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013note, and in particular Article 104 (1)(a) thereof,Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008note , and in particular Article 51 thereof,After consulting the Committee on the Agricultural FundsWhereas:
(1)Article 104(1), second subparagraph, point (a), of Regulation (EU) 2021/2116 provides that Article 4(1), point (b), Article 5, Article 7(3), Articles 9, 17, 21 and 34, Article 35(4), Articles 36, 37, 38, 40 to 43, 51, 52, 54, 56, 59, 63, 64, 67, 68, 70 to 75, 77, 91 to 97, 99 and 100, Article 102(2) and Articles 110 and 111 of Regulation (EU) No 1306/2013 continue to apply, as regards the European Agricultural Guarantee Fund (EAGF), in relation to expenditure incurred and payments made for the financial year 2020.
(2)Article 64, second paragraph, point (a), of Commission Implementing Regulation (EU) 2022/128note provides that Article 2, Article 3(1), first subparagraph, Article 3(2), Article 4(1), point (b), Articles 5, 6 and 7, Articles 21 to 25, Articles 27, 28 and 29, Article 30(1), points (a), (b) and (c), Article 30(2), (3) and (4), and Articles 31 to 40 of Commission Implementing Regulation (EU) No 908/2014note continue to apply, as regards the EAGF, in relation to expenditure incurred and payments made for the financial year 2020.
(3)Article 64, second paragraph, point (c), of Implementing Regulation (EU) 2022/128 provides that Annexes II and III to Implementing Regulation (EU) No 908/2014 continue to apply for the purposes of Article 32, points (f) and (g), of Implementing Regulation (EU) 2022/128 for the financial year 2020.
(4)Commission Implementing Decision (EU) 2021/870note cleared the accounts of the Member States’ paying agencies concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF) for financial year 2020, except for the Italian paying agency ‘Agenzia della Regione Calabria per le Erogazioni in Agricoltura’ and the Slovak paying agency ‘Pôdohospodárska platobná agentúra’.
(5)Following the transmission of new information, and after additional checks, the Commission can take a decision on the completeness, accuracy and veracity of the accounts submitted by the Italian paying agency ‘Agenzia della Regione Calabria per le Erogazioni in Agricoltura’ and the Slovak paying agency ‘Pôdohospodárska platobná agentúra’ as regards the expenditure financed by the EAGF for financial year 2020.
(6)Article 33(2), first subparagraph, of Implementing Regulation (EU) No 908/2014 provides that the amounts that are recoverable from, or payable to, each Member State, in accordance with the accounts clearance decision referred to in Article 33(1) of that Implementing Regulation, are to be established by deducting the monthly payments for the financial year concerned, from the expenditure recognised for that year, in accordance with that Article 33(1). The Commission is to deduct that amount from or add it to the monthly payment relating to the expenditure effected in the second month following the clearance of accounts decision.
(7)Pursuant to Article 41 of Regulation (EU) No 1306/2013, the Commission has already reduced a number of monthly payments to the Member States concerned for the financial year 2020 due to expenditure not effected in accordance with Union rules. Any such amounts are considered in this Decision.
(8)The Commission has already reduced the relevant monthly payments for the financial year 2020 for the amounts due to the EAGF as a result of financial and conformity clearance decisions for the Member States concerned, pursuant to Articles 51 and 52 of Regulation (EU) No 1306/2013 executed by the Commission in the financial year 2020. Any such amounts are considered in this Decision.
(9)Pursuant to Article 54(2) of Regulation (EU) No 1306/2013, 50 % of the financial consequences of the non-recovery of irregularities is to be borne by the Member State concerned, if the recovery has not taken place within four years from the date of the recovery request, or within eight years where the recovery is taken in the national courts. Article 54(4) of Regulation (EU) No 1306/2013 requires Member States to attach to the annual accounts that they are to submit to the Commission, pursuant to Article 29 of Implementing Regulation (EU) No 908/2014, a certified table reflecting the amounts to be borne by them under Article 54(2) of Regulation (EU) No 1306/2013. Rules on the application of the Member States’ obligation to report the amounts to be recovered are laid down in Implementing Regulation (EU) No 908/2014. Annex II to Implementing Regulation (EU) No 908/2014 sets out the model of the table that Member States are to use to provide information about amounts to be recovered. On the basis of the tables completed by the Member States, the Commission is to decide on the financial consequences of the non-recovery of irregularities older than four or eight years respectively.
(10)Pursuant to Article 54(3) of Regulation (EU) No 1306/2013, on duly justified grounds, Member States may decide not to pursue recovery. Such a decision may be taken only if the costs already incurred, 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 the decision has been taken within four years from the date of the recovery request, or within eight years where the recovery is taken in the national courts, 100 % of the financial consequences of the non-recovery should be borne by the Union budget. The amounts for which a particular Member State decided not to pursue recovery and the grounds for its decision are to be included in the summary report referred to in Article 54(4) of that Regulation. Therefore, such amounts should not be charged to the Member States concerned and are consequently to be borne by the Union budget.
(11)In clearing the accounts of the paying agency concerned, the Commission is to take account of the amounts already withheld from the Member State concerned on the basis of Implementing Decision (EU) 2021/870.
(12)In accordance with Article 51 of Regulation (EU) No 1306/2013, this Decision should be without prejudice to the decisions the Commission may take subsequently to exclude from Union financing expenditure not effected in accordance with Union rules,
HAS ADOPTED THIS DECISION:
Article 1#
The accounts of the Italian paying agency ‘Agenzia della Regione Calabria per le Erogazioni in Agricoltura’ and the Slovak paying agency ‘Pôdohospodárska platobná agentúra’ are hereby cleared as regards expenditure financed by the European Agricultural Guarantee Fund (EAGF), in respect of financial year 2020.The amounts recoverable from or payable to Italy and Slovakia pursuant to this Decision, including the amounts resulting from the application of Article 54(2) of Regulation (EU) No 1306/2013, are set out in Annexes I and II to this Decision.
Article 2#
This Decision is without prejudice to future conformity clearance decisions that the Commission may take pursuant to Article 52 of Regulation (EU) No 1306/2013 to exclude from Union financing expenditure not effected in conformity with Union rules.
Annex I · Clearance of the Paying Agencies' accountsFinancial year 2020Amount to be recovered from or paid to the Member State
| MS | 2020 - Expenditure / Assigned Revenue for the Paying Agencies for which the accounts are | Total a + b | Reductions and suspensions for the whole financial year (1) | Amount to be charged according to Article 54(2) of Regulation (EU) 1306/2013 | 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 | Amount recovered from (-) or paid to (+) the Member State under Commission Implementing Decision (EU) 2021/870 | Amount to be recovered from (-) or paid to (+) the Member State (2) | ||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 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 | i | j=h-i | ||
| IT | EUR | 4268557784,44 | 0,00 | 4268557784,44 | -167562267,97 | -5965756,43 | 4095029760,04 | 4097021659,49 | -1991899,45 | -520206,90 | -1471692,55 |
| SK | EUR | 458885163,57 | 0,00 | 458885163,57 | -1276785,09 | -7070,96 | 457601307,52 | 457608435,91 | -7128,39 | 0,00 | -7128,39 |
| MS | Expenditure (3) | Assigned revenue (3) | Article 54(2) | Total (=j) | |
|---|---|---|---|---|---|
| 08 02 06 01 | 6200 | 6200 | |||
| k | l | m | n = k+l+m | ||
| IT | EUR | 0,00 | -722534,92 | -749157,63 | -1471692,55 |
| SK | EUR | 0,00 | -57,43 | -7070,96 | -7128,39 |
(1)The reductions and suspensions are those taken into account in the payment system, to which are added in particular the corrections for the non respect of payment deadlines and other reductions referred to in Article 41 of Regulation (EU) No 1306/2013.(2)For the calculation of the amount to be recovered from or paid to the Member State the amount taken into account is, the total of the annual declaration for the expenditure cleared and the total of the monthly payments made for the cleared expenditure.(3)BL 08 02 06 01 shall be split between the negative corrections which become assigned revenue in BL 62 00 and the positive ones in favour of MS which shall now be included on the expenditure side 08 02 06 01 as referred to in Article 43 of Regulation (EU) No 1306/2013NB:Nomenclature 2025 : 08 02 06 01 , 6200
Annex II · Clearance of the Paying Agencies' accountsFinancial year 2020 - EAGF
| Member State | Currency | In National currency | In Euro |
|---|---|---|---|
| SK | EUR | 0,00 | 29446,56 |
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