Council Directive 77/435/EEC of 27 June 1977 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund

• Published date: 12 July 1977
• Official Gazette Publication: Official Journal of the European Communities, L 172, 12 July 1977

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31977L0435

Council Directive 77/435/EEC of 27 June 1977 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund

Official Journal L 172 , 12/07/1977 P. 0017 - 0019
Greek special edition: Chapter 03 Volume 18 P. 0192
Spanish special edition: Chapter 03 Volume 12 P. 0230
Portuguese special edition Chapter 03 Volume 12 P. 0230

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( 1 ) OJ NO C 133 , 6 . 6 . 1977 , P . 8 .

( 2 ) OJ NO C 56 , 7 . 3 . 1977 , P . 80 .

( 3 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 4 ) OJ NO L 295 , 30 . 12 . 1972 , P . 1 .

( 1 ) OJ NO L 36 , 10 . 2 . 1972 , P . 1 .

II

( ACTS WHOSE PUBLICATION IS NOT OBLIGATORY )

COUNCIL

COUNCIL DIRECTIVE

OF 27 JUNE 1977

ON SCRUTINY BY MEMBER STATES OF TRANSACTIONS FORMING PART OF THE SYSTEM OF FINANCING BY THE GUARANTEE SECTION OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND

( 77/435/EEC )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS , UNDER ARTICLE 8 OF COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2788/72 ( 4 ), MEMBER STATES TAKE THE MEASURES NECESSARY TO SATISFY THEMSELVES THAT TRANSACTIONS FINANCED BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND ( EAGGF ) ARE ACTUALLY CARRIED OUT AND ARE EXECUTED CORRECTLY , TO PREVENT AND DEAL WITH IRREGULARITIES AND TO RECOVER SUMS LOST AS A RESULT OF IRREGULARITIES OR NEGLIGENCE ;

WHEREAS SCRUTINY OF THE COMMERCIAL DOCUMENTS OF UNDERTAKINGS RECEIVING OR MAKING PAYMENTS CAN BE A VERY EFFECTIVE MEANS OF SURVEILLANCE OF TRANSACTIONS FORMING PART OF THE SYSTEM OF FINANCING BY THE GUARANTEE SECTION OF THE EAGGF AND SHOULD THEREFORE BE APPLIED THROUGHOUT THE COMMUNITY ; WHEREAS THIS SCRUTINY SUPPLEMENTS OTHER INSPECTIONS ALREADY CARRIED OUT BY THE MEMBER STATES , PARTICULARLY THE DIRECT INSPECTION OF TRANSACTIONS WHILE THEY ARE BEING CARRIED OUT AND THE SCRUTINY OF BOOK RECORDS OF STOCK PROVIDED FOR IN CERTAIN CASES ; WHEREAS...