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L 64/8 EN Official Journal of the European Communities 7.3.

2002

COMMISSION REGULATION (EC) No 419/2002


of 6 March 2002
amending Regulation (EC) No 2390/1999 laying down detailed rules for the application of Regula-
tion (EC) No 1663/95 as regards the form and content of the accounting information that the
Member States must hold at the disposal of the Commission for the purposes of the clearance of
the EAGGF Guarantee Section accounts

THE COMMISSION OF THE EUROPEAN COMMUNITIES, forecasting purposes it should be possible for use being
made of the accounting information provided by
Member States to the Commission under Article 4(2) of
Having regard to the Treaty establishing the European Regulation (EC) No 1663/95. Therefore, and without
Community, prejudice to the obligations on information exchange
under the common organisations of markets, Regulation
(EC) No 2390/1999 should be amended to allow for
Having regard to Council Regulation (EC) No 1258/1999 of 17 such use of the accounting information.
May 1999 on the financing of the common agricultural
policy (1), and in particular Article 4(8) thereof,
(3) The protection of individuals with regard to the
processing of personal data is governed by Regulation
Having regard to Council Regulation (EEC) No 1766/92 of 30 (EC) No 45/2001 of the European Parliament and of the
June 1992 on the common organization of the market in Council of 18 December 2000 on the protection of
cereals (2), as last amended by Regulation (EC) No 1666/ individuals with regard to the processing of personal
2000 (3), and in particular Article 21 thereof, and to the corre- data by the Community institutions and bodies on the
sponding provisions of the other Regulations on the common free movement of such data (8). This Regulation is fully
organization of markets in agricultural products, applicable in the context of Regulation (EC) No 2390/
1999. Therefore, when making use of the accounting
Whereas: information referred to in Article 4(1)(c) of Regulation
(EC) No 1663/95 for monitoring and forecast purposes
in the agricultural domain, the Commission should lay
(1) Article 4(2) of Commission Regulation (EC) No 1663/95 down adequate safeguards as required by the rules of
of 7 July 1995 laying down detailed rules for the Regulation (EC) No 45/2001, in particular by aggre-
application of Council Regulation (EEC) No 729/70 gating and rendering data anonymous.
regarding the procedure for the clearance of the
accounts of the EAGGF Guarantee Section (4), as last
(4) The measures provided for in this Regulation are in
amended by Regulation (EC) No 2025/2001 (5), requires
accordance with the opinion of the Fund Committee as
the accounting information referred to in Article 4(1)(c)
well as of all the management committees concerned,
thereof to be sent to the Commission by 10 February of
the year following the end of the financial year
concerned. Commission Regulation (EC) No 2390/
1999 (6), as last amended by Regulation (EC) No 1863/
2001 (7), lays down the form and content of the
accounting information that the Member States must
hold at the disposal of the Commission for the purposes HAS ADOPTED THIS REGULATION:
of the clearance of the EAGGF Guarantee Section
accounts. It is necessary to amend Regulation (EC) No
2390/1999 in order to align it to Regulation (EC) No
1663/95. Article 1

(2) In order to allow the Commission to fulfil its role in the Regulation (EC) No 2390/1999 is amended as follows:
framework of the common agricultural policy, it must
be in a position to monitor developments in the markets 1. The title is replaced by the following:
in agricultural products and to make financial forecasts
relating to these markets. The common organisations of
‘Commission Regulation (EC) No 2390/1999 of 25 October
markets in agricultural products include a general obli-
1999 laying down form and content of the accounting
gation for Member States and the Commission to
information to be submitted to the Commission for the
exchange the information necessary for the proper func-
purpose of the clearance of the EAGGF Guarantee Section
tioning of those organisations. For the monitoring and
accounts as well as for monitoring and forecasting purpo-
ses’.
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 181, 1.7.1992, p. 21.
(3) OJ L 193, 29.7.2000, p. 1. 2. In Article 1, ‘Article 2(1) of Regulation (EC) No 1663/95’ is
(4) OJ L 158, 8.7.1995, p. 6. replaced by ‘Article 4(1)(c) of Regulation (EC) No 1663/95’.
(5) OJ L 274, 17.10.2001, p. 3.
(6) OJ L 295, 16.11.1999, p. 1.
(7) OJ L 259, 27.9.2001, p. 1. (8) OJ L 8, 12.1.2001, p. 1.
7.3.2002 EN Official Journal of the European Communities L 64/9

3. Article 2 is replaced by the following: information is used by the Commission for the purpose
‘Article 2 referred to in paragraph 1(b), the Commission shall make
1. The accounting information referred to in Article such data anonymous and process it in aggregated form
4(1)(c) of Regulation (EC) No 1663/95 shall be used by the only.
Commission for the sole purposes of: 3. The Commission shall ensure that the accounting
(a) carrying out its functions in the context of the clearance information referred to in paragraph 1 is kept confidential
of the EAGGF Guarantee section accounts pursuant to and secure.
Regulation (EC) No 1258/1999;
(b) monitoring developments and providing forecasts in the (*) OJ L 8, 12.1.2001, p. 1.’
agricultural sector.
2. If the accounting information referred to in paragraph Article 2
1 includes personal data protected by Regulation (EC) No
45/2001 of the European Parliament and the Council (*), This Regulation shall enter into force on the seventh day
the Commission shall lay down the necessary safeguards following its publication in the Official Journal of the European
required under that Regulation. In particular, if accounting Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 6 March 2002.

For the Commission


Franz FISCHLER
Member of the Commission