Address https://gelex.eu/eli/EU/decision/2012/52@2012-01-27/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
3. ANNEX
4. ANNEX CLEARANCE OF THE PAYING AGENCIES' ACCOUNTS FINANCIAL YEAR 2010 Amount to be recovered from or paid to the Member State

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy, and in particular Articles 30 and 32(8) thereof,

After consulting the Committee on the Agricultural Funds,

Whereas:

(1) Commission Implementing Decision 2011/272/EU cleared, for the 2010 financial year, the accounts of all the paying agencies except for the German paying agency Rheinland-Pfalz, the Greek paying agency OPEKEPE, the Italian paying agency ARBEA, and the Dutch paying agency Dienst Regelingen.

(2) Following the transmission of new information and after additional checks, the Commission can now take a decision on the integrality, accuracy and veracity of the accounts submitted by the German paying agency Rheinland-Pfalz and the Dutch paying agency Dienst Regelingen.

(3) The first subparagraph of Article 10(2) of Commission Regulation (EC) No 885/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and of the EAFRD lays down that the amounts that are recoverable from, or payable to, each Member State, in accordance with the accounts clearance decision referred to in the first subparagraph of Article 10(1) of the said Regulation, shall be determined by deducting the monthly payments in respect of the financial year in question, i.e. 2010, from expenditure recognised for that year in accordance with paragraph 1. The Commission shall deduct that amount from or add it to the monthly payment relating to the expenditure effected in the second month following that in which the accounts clearance decision is taken.

(4) Pursuant to Article 32(5) of Regulation (EC) No 1290/2005, 50 % of the financial consequences of non-recovery of irregularities shall be borne by the Member State concerned and 50 % by the EU budget if the recovery of those irregularities has not taken place within four years of the primary administrative or judicial finding, or within eight years if the recovery is taken to the national courts. Article 32(3) of the said Regulation obliges Member States to submit to the Commission, together with the annual accounts, a summary report on the recovery procedures undertaken in response to irregularities. Detailed rules on the application of the Member States’ reporting obligation of the amounts to be recovered are laid down in Regulation (EC) No 885/2006. Annex III to the said Regulation provides the model table that had to be provided in 2011 by the Member States. On the basis of the tables completed by the Member States, the Commission should decide on the financial consequences of non-recovery of irregularities older than four or eight years respectively. This decision is without prejudice to future conformity decisions pursuant to Article 32(8) of Regulation (EC) No 1290/2005.

(5) Pursuant to Article 32(6) of Regulation (EC) No 1290/2005, Member States may decide not to pursue recovery. Such a decision may only be taken if the costs already 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 that decision has been taken within four years of the primary administrative or judicial finding or within eight years if the recovery is taken to the national courts, 100 % of the financial consequences of the non-recovery should be borne by the EU budget. In the summary report referred to in Article 32(3) of Regulation (EC) No 1290/2005 the amounts for which the Member State decided not to pursue recovery and the grounds for the decision are shown. These amounts are not charged to the Member States concerned and are consequently to be borne by the EU budget. This decision is without prejudice to future conformity decisions pursuant to Article 32(8) of the said Regulation.

(6) In clearing the accounts of the paying agencies concerned, the Commission must take account of the amounts already withheld from the Member States concerned on the basis of Implementing Decision 2011/272/EU.

(7) In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from EU financing expenditure not effected in accordance with EU rules,

HAS ADOPTED THIS DECISION:

Article 1

The accounts of the German paying agency Rheinland-Pfalz and the Dutch paying agency Dienst Regelingen concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF), in respect of the 2010 financial year, are hereby cleared. The amounts which are recoverable from, or payable to, each Member State concerned pursuant to this Decision, including those resulting from the application of Article 32(5) of Regulation (EC) No 1290/2005, are set out in Annex.

Article 2

This Decision is addressed to the Federal Republic of Germany and the Kingdom of the Netherlands.

Done at Brussels, 27 January 2012. For the Commission Dacian Cioloș Member of the Commission

ANNEX

ANNEX CLEARANCE OF THE PAYING AGENCIES' ACCOUNTS FINANCIAL YEAR 2010 Amount to be recovered from or paid to the Member State

NB: Nomenclature 2012: 05 07 01 06, 05 02 16 02, 6701, 6702, 6803. MS 2010 — Expenditure/assigned revenue for the paying agencies for which the accounts are Total a + b Reductions and suspensions for the whole financial year Reductions according to Article 32 of Regulation (EC) No 1290/2005 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 Implementing Decision 2011/272/EU Amount to be recovered from (–) or paid to (+) the Member State 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 DE EUR 5573405084,75 0,00 5573405084,75 –7108483,29 –779304,45 5565517297,01 5565435172,87 82124,14 84373,43 –2249,29 NL EUR 895187155,61 0,00 895187155,61 –0,03 –5835,72 895181319,86 894473110,44 708209,42 0,00 708209,42 MS Expenditure Assigned revenue Sugar Fund Article 32 (= e) Total (= h) Expenditure Assigned revenue 05 07 01 06 6701 05 02 16 02 6803 6702 k l m n o p = k + l + m + n + o DE EUR 0,00 0,00 0,00 0,00 –2249,29 –2249,29 NL EUR 714045,14 0,00 0,00 0,00 –5835,72 708209,42

Versions

1. 2012-01-27

Cited by

• Judgment of the Court (Third Chamber) 11 December 2019 [Text rectified by order of 13 February 2020] Judgment · Grade B

  Decision No 52/2012 of the Autoritate Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal (the National Authority for the Supervision of the Processing of Personal Data, Romania, the ANSPDCP) concerning the processing of personal data through the use of video surveillance systems, in the version applicable to the main proceedings, provided, in Article 1 thereof: The collection, recording, storage, use, transmission, disclosure or any other operation for the processing of images by video surveillance means, which enable individuals to be identified directly or indirectly, const

• Judgment of the Court (Third Chamber) 11 December 2019 [Text rectified by order of 13 February 2020] Judgment · Grade B

  The referring court notes that Article 5 of Law No 677/2001 provides, in a general manner, that processing of personal data, such as the recording of images by means of a video surveillance system, may be carried out only if the data subject has given his or her express and unequivocal consent. Paragraph 2 of that article sets out, however, a series of exceptions to that rule, which include the exception whereby the processing of personal data is required in order to protect the data subject’s life, physical integrity or health or those of a threatened third party. Decision No 52/2012 of the A

• Judgment of the Court (Third Chamber) 11 December 2019 [Text rectified by order of 13 February 2020] Judgment · Grade B

  Are Articles 8 and 52 of the Charter and Article 7(f) of Directive 95/46 to be interpreted as precluding provisions of national law such as those at issue in the main proceedings, namely Article 5(2) of [Law No 677/2001], and Article 6 of [Decision No 52/2012 of the ANSPDCP], in accordance with which video surveillance may be used to ensure the safety and protection of individuals, property and valuables and for the pursuit of legitimate interests, without the data subject’s consent?