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Community system for the identification of certain beneficiaries of transactions financed by the EAGGF Guarantee Section

As part of the campaign against fraud and irregularities affecting the Community budget, it is important to ensure that Community funds intended for the implementation of the common agricultural policy (CAP) are not granted to operators presenting a risk of non-reliability *. This Regulation therefore introduces a Community system allowing all the national authorities to identify operators who have committed an irregularity prejudicial to Community funds or who are suspected of having done so.

ACT

Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF [Official Journal L 145, 29.06.1995].

SUMMARY

In this Regulation, the Council establishes a Community system for the purpose of identifying and making known to all the competent authorities of the Member States and the Commission operators presenting a risk of non-reliability. It covers tendering procedures, export refunds and sales at reduced prices of intervention products, financed by the Guarantee Section of the EAGGF.

Identification procedures

The identification procedures and rules relating to notification are to be implemented on the initiative of the Member State in which the risk of the operator's non-reliability is identified. Where a Member State fails to fulfil this obligation, the Commission must ensure that it implements this identification and notification system.

Member States may take measures to deal with operators, in particular:

  • reinforced checking of all operations performed by the operator;
  • suspension, until the administrative determination of the existence of an irregularity, of payment of amounts relating to current operations to be determined, and, where appropriate, of release of the security relating thereto;
  • their exclusion for a period of time from operations to be determined.

These measures must comply with the following principles, in accordance with the national law of the Member State:

  • a prior hearing and right of appeal by the operator concerned;
  • proportionality between the irregularity committed or suspected and the measures to be applied;
  • non-discrimination between operators.

Member States and the Commission must take all necessary precautions to ensure that the information which they exchange pursuant to this Regulation are kept confidential.

This Regulation is supplementary to the specific provisions under the CAP.

Key terms used in the act
  • Operators presenting a risk of non-reliability: operators who, according to a final decision of an administrative or judicial authority, have deliberately or through serious negligence committed an irregularity in respect of relevant Community provisions and have unjustly benefited from a financial advantage or attempted to benefit therefrom. They have therefore been the subject, in this respect, of a preliminary administrative or judicial report by the competent authorities of the Member State.
ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal
Regulation (EC) No 1469/9506.07.95-Official Journal L 145 of 29.06.1995

RELATED ACTS

Commission Regulation (EC) No 745/96 of 24 April 1996 laying down detailed rules for the application of Council Regulation (EC) No 1469/95 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF [Official Journal L 102 of 25.04.1996]

Last updated: 09.01.2006
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