Proposal for a Council Regulation (EC) on the financing of the common agricultural policy (consolidated version)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 01. 12. 1997 COM(97) 607 final 97/0317 (CNS) Proposal for a COUNCIL REGULATION (EC) on the financing of the common agricultural policy (consolidated version) (presented by the Commission) } l i fe l '1. *'!+, v ! It '• %! ii '• 1 ',1*41 ; 1. I'll ft f ' f g}J V. r - , ! lift*' ! It ' '. ' f , if r, !. if; EXPLANATORY MEMORANDUM 1. In the context of a people's Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the specific rights it gives him. This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules. « For this reason a consolidation of rules that have frequently been amended is also essential if Community law is to be clear and transparent. 2. On 1 April 1987, the Commission therefore decided to instruct its staff that all legis lative measures should be consolidated after no more than ten amendments, stressing that this was a minimum requirement and that departments should endeavour to con solidate at even shorter intervals the texts for which they were responsible, to ensure that the Community rules were clear and readily understandable. 3. The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed this, stressing the importance of legislative consolidation as it offers certainty as to the law applicable to a given matter at a given time. It must be undertaken in full compliance with the normal Community legislative pro cedure. Given that no changes of substance may be made to the instruments affected by legislative consolidation. Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated proce dure may be used for the fast-track adoption of codification instruments. 4. The purpose of this proposal (2) for legislative consolidation of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy prepared by the Legal Service in conjunction with the Directorate-General VI, is to undertake official codification of this type. The new regulation will supersede the various regulations incorporated in it (2); their content is fully preserved, and they arc brought together with only such formal amendments as arc required by the codification exercise itself. 4a. Articles 6, 6a, 6b, 6c and 7 of the abovcracntioned Regulation (EEC) No 729/70, which specifically concern the EAGGF Guidance Section, have not been included in the present proposal for consolidation, since they have become obsolete for the follo wing reasons: (a) Article 11 of Regulation (EEC) No 4256/88 (3) as amended by Regulation (EEC) No 2085/93 states that 'Regulation (EEC) No 729/70, with the exception of Article 1 (1), (2) and (3), shall not apply as regards the Fund, subject to the implementation of Article 15 of Regulation (EEC) No 2052/88 and Article 33 of Regulation (EEC) No 4253/88'. (*) Entered in the legislative programme for 1996. (2) Sec Part B of the Annex. (3) Council Regulation of 19 December 198S laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the EAGGF Guidance Section. I 2 (b) Article 15 of Regulation (EEC) No 2052/88 (•) and Article 33 of Regulation (EEC) No 4253/88 (2) are transitional provisions relating to the rules for the Structural Funds which applied before the entry into force of the abovementio- ncd Regulations. These provisions set two 'cut-off' dates: 1 January 1989 and 30 September 1995 (3). As these dates have now passed, the transitional period is over. (c) Certain projects are still 'subject to suspension for judicial reasons' and a num ber of projects decided on by the Commission prior to 1 January 1989 have not yet been wound up (cf. Article 10 of Regulation (EEC) No 4256/88 as amended by Regulation (EEC) No 2085/93) but these considerations do not affect the above approach, since: — — the court concerned may, in accordance with general principles of law, rule on the facts in dispute in the light of the legislation in force at the time the legal situation in question arose, even if the said legislation has in the meantime become obsolete or even been specifically repealed at a later date; for any measure for the reduction or cancellation of assistance from the Fund (EAGGF Guidance Section), the Commission has been required since 3 August 1993 to use only Article 24 of Regulation (EEC) No 4253/88, since Regulation (EEC) No 355/77 (4) was repealed in its entirety on that date (date of entry into force of Regulation (EEC) No 20S5/93 amending Regulation (EEC) No 4256/88) without any provision having been made for exceptions. It should be noted that, although the original version of Article 10 (3) of Regulation (EEC) No 4256/88 stated that 'By way of derogation from para graph 2 (5), Articles 6 to 15 and 17 to 23 of Regulation (EEC) No 355/77 shall continue to apply to projects submitted by the date of entry into force of the Council Decision referred to in paragraph 1 (6) (. )', the said Article 10 of Regulation (EEC) No 4256/88 as amended by Regulation (EEC) No 2085/93 no longer refers to the continued applicability of certain provisions of Regulation (EEC) No 355/77 to 'projects submitted by the date of entry into force' of the above mentioned Council Decision (6). 5. This legislative consolidation proposal was drawn up on the basis of a preliminary consolidation, in all the official languages, of Regulation (EEC) No 729/70 and the instruments amending it, carried out by the Office for Official Publications of the European Communities, by means of the data-processing system referred to in the conclusions of the European Council meeting at Edinburgh. Although the articles have been given new numbers, the old numbering has been retained in the margin for ease of reference; the correlation between the old and new numbers is shown in a table set out in the Annex, Part A to the consolidated Regulation. (*) Council Regulation of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments. (2) Council Regulation of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds bet ween themselves and with the operations of the European Investment Bank and the other existing financial instruments. (3) Article 15 (3) of Regulation (EEC) No 2052/88 as amended by Regulation (EEC) No 2081/93 states that 'the provisions referred to in Article 3 (4) and (5) shall lay down specific transitional provisions relating to the implementation of this Article, including provisions to ensure (. ) that the grant of assistance for projects granted assistance before 1 January 1989 shall be finally con- " eluded no later than 30 September 1995'. (4) Council Regulation of 1 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed. (5) Paragraph 2 reads 'With effect from the date of entry into force of the Council Decision referred to in paragraph 1, Council Regulation (EEC) No 355/77 is hereby repealed'. (6) Regulation (EEC) No 866/90, which entered into force on 1 January 1990. 2a Proposal for a COUNdL REGULATION (EC) No. J. of. on the financing of the common agricultural policy THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia ment (!), Having regard to the opinion of the Court of Audi tors (2), Having regard to the opinion of the Economic and So cial Committee (3), Whereas Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (4) has been frequently and substantially amen ded (5); whereas for reasons of clarity and rationality the said Regulation should be consolidated; Whereas by means of Regulation No 25 (6) on the fi nancing of the common agricultural policy, the Council established the European Agricultural Guidance and Guarantee Fund (EAGGF), hereinafter referred to as 'the Fund', which forms part of the general budget of the European Union; whereas that Regulation laid down under Title I the principles which should apply after the transitional period; Whereas at the single market stage, in view of the fact that price systems are standardised and the agricultural policy is a Community policy, the financial consequences devolve upon the Community; whereas, in accordance with that principle as laid down in Article 2 (2) of Re gulation No 25, refunds on exports to third countries, intervention aimed at stabilising agricultural markets, and common measures adopted in order to achieve the objectives set out in Article 39 (1) (a) of the Treaty, including structural adaptation required for the proper working of the common market, are financed by the Fund; 1) 2) 3) 0 () () (4) (6) OJ No C. OJ No C. OJ No C. OJ No L 94, 28. 4. 1970, p. 13. Regulation as last amended by Regulation (EC) No 1287/95 (OJ No L 125,8. 6. 1995, p. 1). See Part B of the Annex. O J No 30,24. 4. 1962, p. 992/62. Regulation as last amended by Regulation (EEC) No 728/70 (OJ No L 94, 28. 4. 1970, p. 9). 729/70 (adapted) 729/70 (adapted) 3. 729/70 4) Whereas, in particular, the principle should be main tained that the Fund should include a Guarantee Section for the expenditure of the: common organisation of the agricultural markets and a Guidance Section for com to agricultural structure; mon expenditure relating whereas the Commission is responsible for the adminis tration of the Fund and whereas close co-operation be tween Member States and the Commission is provided for within a Committee for the European Agricultural Guidance and Guarantee Fund; 1287/95 (adapted) 1287/95 (adapted) 5) Whereas the responsibility for checking the Fund's Guarantee Section expenditure lies, in the first place, with the Member States, which designate the authorities and bodies empowered to effect expenditure; whereas the Member States must carry out this task fully and effectively; whereas the Commission, being responsible for implementing the Community budget, must verify the conditions under which payments and checks have been made; whereas the Commission can only finance ex penditure where those conditions offer all necessary guarantees regarding compliance with Community rules; whereas, in a decentralized system of management of Community expenditure, it is essential that the Com mission, as the institution responsible for funding, is en titled and enabled to carry out all checks on the man agement of expenditure it considers necessary and that there should be full and effective transparency and mu tual assistance between the Member States and the Commission; 6) Whereas, during the clearance of accounts, the Commis sion is able to determine within a reasonable time the total expenditure to be entered against the Guarantee Section in the general account only if it has satisfactory assurance that the national controls are adequate and. transparent and that the paying agencies verify the legal ity and regularity of the payment requests which they execute; whereas provision should therefore be made for the accreditation of paying agencies by Member States; whereas in order to ensure consistency in the standards required for accreditation in the Member States, the Commission provides guidance on the criteria to be ap plied; whereas, for that purpose, it should be stipulated that only expenditure effected by paying agencies ac credited by the Member States should be financed; whereas, moreover, in order to ensure the transparency of national controls, in particular as regards authoriz ation, validation and payment procedures, the number of authorities and bodies to which these responsibilities are delegated should, where appropriate, be restricted taking account of the constitutional arrangements of each Member State; 7) Whereas decentralized management of Community funds, in particular following reform of the common agricultural policy, leads to the designation of several paying agencies; whereas, therefore, where a Member State accredits more than one paying agency, it must designate a single contact body to ensure consistency in the management of the funds, to provide liaison between the Commission and the various accredited paying agencies and to ensure that the information requested by the Commission concerning the operations of several paying agencies is made rapidly available; 8) Whereas financial resources must be mobilized by the Member States in accordance with the needs of their disbursing agencies, while the Commission makes ad vance payments against the booking of the expenditure effected by the disbursing agencies; 9) Whereas two types of decision should be established, one concerning the clearance of the accounts of the Guarantee Section of the Fund, the other determining the consequences, including financial corrections, to be drawn from the results of the checks on conformity, with Community rules, of the expenditures; 10) Whereas the checks on 'conformity and the ensuing clearance decisions will therefore no longer be linked to the implementation of the budget in a particular finan cial year; whereas the maximum period to which the consequences to be drawn from the checks on conform ity may be applied must be determined; 11) Whereas the financing costs which might arise from the mobilization of financial resources by the Member States could be shared between some Member States and the Community; 12) Whereas measures must be taken to prevent and deal with any irregularities and to recover the amounts lost as a result of such irregularities or negligence; whereas the financial responsibility for such irregularities or negli gence must be determined; 13) Whereas Community expenditure must be made subject to close supervision; whereas, in addition to supervision carried out by Member States on their own initiative, which remains essential, provision should be made for verification by officials of the Commission and for it to have the right to enlist the help of Member States; 1287/95 3183/87 (adapted) 1287/95 (adapted) 1287/95 (adapted) 3183/87 729/70 729/70 14) Whereas information technology needs to be used as fully as possible for producing the information to be sent to the Commission; whereas, when carrying out checks, the Commission must have full and immediate access to information on expenditure held in both documents and electronic files; 15) Whereas the extent of Community financing makes it necessary for the European Parliament and the Council to be kept regularly informed by means of financial re ports, HAS ADOPTED THIS REGULATION: 1287/95 (adapted) 729/70 (adapted) Article 1 1. The European Agricultural Guidance and Guarantee Fund (hereinafter called the 'Fund') shall form part of the general budget of the European Union. 729/70 (adapted) Article 1 It shall comprise two sections: — the Guarantee Section; — the Guidance Section. 2. The Guarantee Section shall finance: (a) refunds on exports to third countries; (b) intervention intended to stabilise the agricultural markets. 3. The Guidance Section shall finance common measures adopted in order to achieve the objectives set out in Ar ticle 39 (1) (a) of the Treaty, including structural adapta tion necessary for the proper working of the common market. However, such measures shall not take the place of the activities of the European Investment Bank and the European Social Fund. 4. Expenditure relating to administrative costs and per sonnel borne by Member States and by recipients of aid from the Fund shall not be taken over by the Fund. Article 2 Article 2 1. Refunds on exports to third countries, granted in ac cordance with the Community rules within the framework of the common organisation of agricultural markets, shall be financed under the terms of Article 1 (2) (a). 2. The Council, acting by a qualified majority on a pro posal from the Commission, shall, as far as is necessary, adopt the procedure for financing the refunds referred to in paragraph 1. (adapted) Article 3 (adapted) Article 3 Intervention 1. intended to stabilise the agricultural markets, undertaken according to Community rules within the framework of the common organisation of agricultural markets, shall be financed under Article 1 (2) (b). 2. The Council, acting by a qualified majority on a pro posal from the Commission, shall before 1 January 1972 lay down the general rules for financing such intervention which are necessary for the application of paragraph 1. Article 4 1. Each Member State shall communicate to the Com mission: (a) details of the authorities and bodies it accredits to pay the expenditure referred to in Articles 2 and 3, hereinafter referred to as 'paying agencies'; 1287/95 Art. 1 (1) (adapted) Article 4 1287/95 Art. 1 (1) (b) where more than one paying agency is accredited, de tails of the authority or body it charges, first, with bringing together the information to be supplied to the Commission and sending it the same, and, second, with promoting the harmonized application of Com munity rules, hereinafter referred to as the 'coordi nating body'. 2. Paying agencies shall be authorities and bodies of the Member States, which, as regards payments in the areas for which they are responsible, offer sufficient guarantees that: (a) the admissibility of claims and compliance with Com munity rules are checked before payment is autho rized, (b) the payments effected are correctly and fully recorded in the accounts, and (c) the necessary documents are submitted within the time and in the form laid down in Community rules. 3. The paying agencies must hold documents justifying the payments effected and documents concerning the carrying out of the prescribed administrative and physical controls. Where the relevant documents arc kept by the bodies responsible for authorizing the expenditure, those bodies must transmit reports to the paying agency on the number of checks carried out, their content and the mea sures taken in the light of the results. 4. Only expenditure effected by accredited paying agencies may be the subject of Community financing. 5. Each Member State shall, taking into account its con stitutional and institutional structures, limit the number of accredited paying agencies to the minimum necessary in order to effect the expenditure referred to in Articles 2 and 3 under satisfactory administrative and accounting conditions. 6. Each Member State shall communicate to the Com mission the following particulars concerning those paying agencies: (a) their name and their statutes, (b) the administrative, accounting and internal control conditions under which payments are made relating to the implementation of Community rules within the framework of the common agricultural policy, (c) the act of accreditation. The Commission shall be informed forthwith of any change in those particulars. 1287/95 Art. 1(1) 1287/95 Art. 1 (2) (adapted) Article 5 7. Where one or more of the conditions for accredit ation are not, or are no longer, fulfilled by an accredited paying agency, accreditation shall be withdrawn ufilcss the paying agency makes the necessary adjustments within a time limit to be fixed in relation to the seriousness of the problem. The Member State concerned shall inform the Commission. 8. The Commission shall make available to Member States, by means of advances on the provision for expendi ture effected in a reference period, the financial resources. required to cover the expenditure referred to in paragraph 1 (a). Until the advances are paid, the resources necessary to meet that expenditure shall be mobilized by the Member States in accordance with the needs of their ac credited paying agencies. 9. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 12. Article 5 1. Member States shall at regular intervals transmit to the Commission the following information concerning the accredited paying agencies and coordinating bodies and re lating to transactions financed by the Guarantee Section of the Fund: (a) statements of expenditure and estimates of financial needs; (b) annual accounts, accompanied by the information re quired for clearance and an attestation regarding the integrality, exactitude and veracity of the accounts transmitted. 2. The Commission, after consulting the Fund Commit tee referred to in Article 10, shall adopt the decisions set out in paragraphs 3, 4 and 5. 3. The Commission shall decide on monthly advances against the allocations of expenditure effected by the ac credited paying agencies. Expenditure for October shall be attributed to October if it is effected from 1 to 15 October and to November if it is effected from 16 to 31 October. Advance payments shall be made to the Member State not later than the third working day of the second month fol lowing that in which the expenditure is effected. Additional advances may be made, the Fund Committee being informed at the next consultation; 4. The Commission shall, before 30 April of the year following the financial year concerned, on the basis of the information referred to in point (b) of paragraph 1, clear the accounts of the paying agencies. 1287/95 Art. 1 (2) (adapted) The accounts clearance decision shall cover the integrality, exactitude and veracity of the accounts submitted. The decision shall not prejudice the adoption of a subsequent decision pursuant to paragraph 5. 5. The Commission shall decide on the expenditure to be excluded from the Community financing referred to in Articles 2 and 3 where it finds that expenditure has not been effected in compliance with Community rules. Before a decision to refuse financing is taken, the results of the Commission's checks and the replies of the Member State concerned shall be notified in writing, after which the two parties shall endeavour to reach agreement on the ac tion to be taken. If no agreement is reached, the Member State may ask for a procedure to be initiated with a view to mediating be tween the respective positions within a period of four months, the results of which shall be set out in a report sent to and examined by the Commission, before a deci sion to refuse financing is taken. The Commission shall evaluate the amounts to be excluded having regard in particular to the degree of non-com pliance found. The Commission shall take into account the nature and gravity of the infringement and the financial loss suffered by the Community. A refusal to finance may not involve expenditure effected prior to twenty-four months preceding the Commission's written communication of the results of those checks to the Member State concerned. However, the fifth subpara graph shall not apply to the financial consequences: (a) of irregularities as referred to in Article 7 (2); (b) concerning national aids, or infringements, for which the procedures referred to in Articles 93 and 169 of the Treaty have been initiated. 6. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 12. Those rules shall cover in particular the attesta tion of the accounts referred to in paragraph 1 and the procedures relating to the decisions referred to in para graphs 3, 4 and 5. Article 6 1287/95 Art. 1 (3) Article 5a To accommodate any difficulties which certain Member States might encounter in setting up the system provided for in Article 4 (8), appropriate measures enabling some or all of the interest to be charged to the Community may be adopted in accordance with the procedure laid down in Article 12. 10 729/70 (adapted) Article 8 Article 7 1. The Member States shall, in accordance with national provisions laid down by law, regulation or administrative action, take the measures necessary to: (a) satisfy themselves that transactions financed by the Fund are actually carried out and are executed cor rectly, (b) prevent and deal with irregularities; (c) recover suras lost as a result of irregularities or negli gence. The Member States shall inform the Commission of the measures taken for those purposes and in particular of the state of the administrative and judicial procedures. 2. In the absence of total recovery, the financial conse quences of irregularities or negligence shall be borne by the Community, with the exception of the consequences of irregularities or negligence attributable to administrative authorities or other bodies of the Member States. The suras recovered shall be paid to the accredited paying agencies and deducted by them from the expenditure fi nanced by the Fund. The interest on sums recovered or paid late shall be paid into the Fund. 1287/95 Art. 1 (4) 3. The Council, acting by a qualified majority on a pro posal from the Commission, shall lay down general rules for the application of this Article. 729/70 Article 8 Article 9 1287/95 Art. 1 (5) (adapted) 1. Member States shall make available to the Commis sion all information required for the proper working of the Fund and shall take all suitable measures to facilitate the supervision which the Commission may consider it necess ary to undertake within the framework of the management of Community financing, including inspections on the spot. Member States shall communicate to the Commission provisions laid down by law, regulation or administrative action which they have adopted for the application of legal acts of the Community relating to the common agricultural policy insofar as those acts have financial consequences for the Fund. to the supervision effected bv 2. Without prejudice Member States in accordance with national provisions laid down by law, regulation or administrative action and with out prejudice to Article 188c of the Treaty, or to any in spection organized on the basis of point (c) of Article 209 of the Treaty, authorized representatives appointed bv the Commission to carry out inspections on the spot shall have access to the books and all other documents, including in formation created or stored in electronic form, relating to expenditure financed by the Fund. They may in particular check: (a) whether administrative practices are in accordance with Community rules; O 11 (b) whether the requisite supporting documents exist and tally with the transactions financed by the Fund; 729/70 (c) the conditions under which transactions financed by the Fund are carried out and checked. The Commission shall give due notice before the inspec tion is carried out to the Member State concerned or to the Member State on whose territory it is to take place. Officials of the Member State concerned may take part in the inspection. At the request of the Commission and with the agreement of the Member State, inspections or inquiries concerning the transactions referred to in this Regulation shall be car ried out by the competent authorities of that Member State. Officials of the Commission may also participate. To make verification more effective the Commission may, with the agreement of the Member States concerned, ar range for administrative authorities of those States to par ticipate in certain inspections or inquiries. 3. The Council, acting by a qualified majority on a pro posal from the Commission, shall, as far as is necessary, lay down general rules for the application of this Article. Article 9 Article 10 Before 1 July of each year, the Commission shall submit to the European Parliament and to the Council a financial report on the administration of the Fund during the pre ceding financial year and, in particular, on the state of its resources and the nature of its expenditure and the condi tions for achieving Community financing. (adapted) Article 10 The Committee for the European Agricultural Guidance and Guarantee Fund (hereinafter called the 'Fund Com mittee') shall assist the Commission in administering the Fund, as laid down in Articles 11 to 14. Article 11 The Fund Committee shall consist of representatives of the Member States and of the Commission. Each Member State shall be represented on the Fund Committee by not more than five officials. The Fund Committee shall have a representative of the Commission as Chairman. (adapted) Article U Article 12 Article 12 Article 13 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the Fund Committee by the Chairman, either on his own initiative or at the request of the representative of a Member Sate. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Com mittee shall be weighted in the manner set out in that Ar ticle. The Chairman shall not vote. The Commission shall adopt measures which shall be im mediately applicable. However, if such measures arc not in accordance with the Opinion delivered by the Fund Com mittee, they shall at once be communicated by the Cora- mission to the Council. In that case, the Commission may defer for not more than one month from the date of such communication, application of the measures which it has adopted. The Council, acting by a qualified majority, may adopt a different decision within one month. 95/1/EC, Euratom, ECSC 729/70 (adapted) Article 13 Article 14 1. The Fund Committee shall be consulted: (a) in cases where provision is made for it to be con sulted; (b) for the assessment of the Fund's credits to be entered in the Commission's estimate for the coming financial year and, if necessary, in additional estimates; (c) on draft proposals from the Commission to the Coun cil concerning the application of this Regulation and draft reports on the Fund to be submitted to the Council. 2. The Fund Committee may examine any other ques tion referred to it by its Chairman either on his own initi ative or at the request of a representative of a Member State. It shall be informed regularly of the activities of the Fund. Article 14 Article 15 The Chairman shall convene the Fund Committee. Secretarial services shall be provided for the Fund Com mittee by the Commission. The Fund Committee shall lay down its own rules of pro cedure. 13 Article 15 729/70 Article 16 1. The provisions of. Articles 4, 5, 6, 7 (2), second sub paragraph and 8 (2), first subparagraph, shall apply from the financial year beginning on 16 October 1995. 1287/95 Art. 2 (adapted) 2. Refusal to grant financing as referred to in Article 5 (5) may not relate to expenditure claimed against a fi nancial year prior to 16 October 1992, but without preju dice to decisions regarding the clearance of the financial years prior to 15 June 1995. Article 16 Regulation- (EEC) No 729/70 is hereby repealed. References to the repealed Regulation shall be construed as references to this Regulation and should be read in ac cordance with the correlation table set out in Part A of the Annex. Article 17 This Regulation enters into force on the day of its publica tion in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels. For the Council Vie President 14 ANNEX Part A CORRELATION TABLE Regulation <EEC) No 729/70 This Regulation Article 1 Article 2 Article 3(1) Article 3 (2) Article 3 (3) Article 1 Article 2 Article 3(1) Article 3 (2) Article 4 (1), first subparagraph, point (a), first subpara graph Article 4 (1), point (a) Article 4 (1), first subparagraph, point (a), second subpara graph, first indent Article 4 (1), first subparagraph, point (a), second subpara graph, second indent Article 4 (1), first subparagraph, point (a), second subpara graph, third indent Article 4 (1), first subparagraph, point (a), third subpara graph Article 4 (1), first subparagraph, point (b) Article 4 (1), second subparagraph Article 4 (2) Article 4 (2), point (a) Article 4 (2), point (b) Article 4 (2), point (c) Article 4 (3) * ' Article 4 (1), point (b) Article 4 (4) Article 4 (5) Article 4 (3), first subparagraph, first indent Article 4 (6), first subparagraph, point (a) Article 4 (3), first subparagraph, second indent Article 4 (6), first subparagraph, point (b) Article 4 (3), first subparagraph, third indent Article 4 (6), first subparagraph, point (c) Article 4 (3), second subparagraph Article 4 (6), second subparagraph Article 4 (4) Article 4 (5) Article 4 (6) Article 5(1) Article 5 (2), introductory wording Article 5 (2), point (a) Article 4 (7) Article 4 (8) Article 4 (9) Article 5 (1) Article 5 (2) Article 5 (3) Article 5 (2), point (b), first subparagraph Article 5 (4), first subparagraph Article 5 (2), point (b), second subparagraph Article 5 (4), second subparagraph, first sentence Article 5 (2), point (b), third subparagraph Article 5 (2), point (c), first subparagraph Article 5 (2), point (c), second subparagraph Article 5 (4), second subparagraph, second sentence Article 5 (5), first subparagraph Article 5 (5), second subparagraph Article 5 (2), point (c), third subparagraph Article 5 (5), third subparagraph Article 5 (2), point (c), fourth subparagraph Article 5 (5), fourth subparagraph Article 5 (2), point (c), fifth subparagraph, first sentence Article 5 (5), fifth subparagraph Article 5 (2), point (c), fifth subparagraph, second sentence Article 5 (5), sixth subparagraph Article 5 (2), point (c), fifth subparagraph, second sentence, first indent Article 5 (5), sixth subparagraph, point (a) 15 Regulation (EEC) No 729/70 This Regulation Article 5 (5), sixth subparagraph, point (b) Article 5 (6) Article 6 Article 5 (2), point (c), fifth subparagraph, second sentence, second indent Article 5 (3) Article 5a Article 6 Article 6a Article 6b Article 6c Article 7 Article 8 (1), first subparagraph, first indent Article 7 (1), first subparagraph, point (a) Article 8 (1), first subparagraph, second indent Article 7 (1), first subparagraph, point (b) Article 8 (1), first subparagraph, third indent Article 7 (1), first subparagraph, point (c) Article 8(1), second subparagraph Article 7(1), second subparagraph Article 8 (2) Article 8 (3) Article 9 (1) Article 7 (2) Article 7 (3) Article 8 (1) Article 9 (2), first subparagraph, first sentence Article 8 (2), first subparagraph Article 9 (2), first subparagraph, second sentence Article 8 (2), second subparagraph Article 9 (2), first subparagraph, second sentence, point (a) Article 8 (2), second subparagraph, point (a) Article 9 (2), first subparagraph, second sentence, point (b) Article 8 (2), second subparagraph, point (b) Article 9 (2), first subparagraph, second sentence, point (c) Article 8 (2), second subparagraph, point (c) Article 9 (2), second subparagraph Article 9 (2), third subparagraph Article 9 (2), fourth subparagraph Article 8 (2), third subparagraph Article 8 (2), fourth subparagraph Article 8. (2), fifth subparagraph Article 9 (3) Article 10 Article 11 Article 12 (1) Article 12 (2) Article 13 (1) Article 13 (2) Article 13 (3), first subparagraph Article 13 (3), second subparagraph Article 14 Article 15 Article 16 (1) Article 16 (2) Article 8 (3) Article 9 Article 10 Article 11 Article 12 (1) Article 12 (2), first subparagraph Article 12 (2), second subparagraph Article 12 (2), third subparagraph Article 13 Article 14 Article 15 Article 16 Article 17 ANNEX 16 Part B Regulations amending Regulation (EEC) No 729/70 Council Regulation (EEC) No 1566/72 of 20 July 1972 Council Regulation (EEC) No 2788/72 of 28 December 1972 Council Regulation (EEC) No 929/79 of 8 May 1979 Council Regulation (EEC) No 3509/80 of 22 December 1980 Council Regulation (EEC) No 870/85 of 26 March 1985 Council Regulation (EEC) No 3768/85 of 20 December 1985 Council Regulation (EEC) No 3769/85 of 20 December 1985 Council Regulation (EEC) No 3183/87of 19 October 1987 Council Regulation (EEC) No 2048/88 of 24 June 1988 Council Regulation (EC) No 1287/95 of 22 May 1995 Official Journal No page date L167 L295 L117 L367 L95 L362 L362 L304 L185 L125 5 1 4 87 1 8 17 1 1 1 25. 7. 1972 30. 12. 1972 12. 5. 1979 31. 12. 1980 2. 4. 1985 31. 12. 1985 31. 12. 1985 27. 10. 1987 15. 7. 1988 8. 6. 1995 17 ISSN 0254-1475 COM(97) 607 final DOCUMENTS EN 03 01 06 Catalogue number : CB-CO-97-619-EN-C ISBN 92-78-27605-7 Office for Official Publications of the European Communities L-2985 Luxembourg 4%