# L_2004202EN.01003501.xml

| 7.6.2004 | EN | Official Journal of the European Union | L 202/35 |
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7.6.2004

EN

Official Journal of the European Union

L 202/35

---

Corrigendum to Commission Decision 2004/457/EC of 29 April 2004 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF)

(
  Official Journal of the European Union L 156 of 30 April 2004
  )

Decision 2004/457/EC should read as follows:

COMMISSION DECISION

of 29 April 2004

excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF)

(notified under document number C(2004) 1706)

(Only the Dutch, English, French, German, Greek, Italian, Portuguese and Spanish texts are authentic)

(2004/457/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 729/70 of the Council of 21 April 1970 on the financing of the common agricultural policy (1), and in particular Article 5(2)(c) thereof,

Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (2), and in particular Article 7(4) thereof,

Having consulted the Fund Committee,

Whereas:

| (1) | Article 5 of Regulation (EEC) No 729/70, Article 7 of Regulation (EC) No 1258/1999, and Article 8(1) and (2) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Council Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section (3), provide that the Commission is to make the necessary verifications, inform the Member States of its findings, take account of the Member States' comments, initiate bilateral discussions and then formally communicate its conclusions to the Member States, referring to Commission Decision 94/442/EC of 1 July 1994 setting up a conciliation procedure in the context of the clearance of the accounts of the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section (4). |
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(1)

Article 5 of Regulation (EEC) No 729/70, Article 7 of Regulation (EC) No 1258/1999, and Article 8(1) and (2) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Council Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section (3), provide that the Commission is to make the necessary verifications, inform the Member States of its findings, take account of the Member States' comments, initiate bilateral discussions and then formally communicate its conclusions to the Member States, referring to Commission Decision 94/442/EC of 1 July 1994 setting up a conciliation procedure in the context of the clearance of the accounts of the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section (4).

| (2) | The Member States have had an opportunity to request that a conciliation procedure be initiated. That opportunity has been used in some cases and the report issued on the outcome has been examined by the Commission. |
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(2)

The Member States have had an opportunity to request that a conciliation procedure be initiated. That opportunity has been used in some cases and the report issued on the outcome has been examined by the Commission.

| (3) | Pursuant to Articles 2 and 3 of Regulation (EEC) No 729/70 and Article 2 of Regulation (EC) No 1258/1999, only refunds on exports to third countries and intervention to stabilise agricultural markets, respectively granted and undertaken according to Community rules within the framework of the common organisation of the agricultural markets, may be financed. |
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(3)

Pursuant to Articles 2 and 3 of Regulation (EEC) No 729/70 and Article 2 of Regulation (EC) No 1258/1999, only refunds on exports to third countries and intervention to stabilise agricultural markets, respectively granted and undertaken according to Community rules within the framework of the common organisation of the agricultural markets, may be financed.

| (4) | In the light of the checks carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil these requirements and cannot, therefore, be financed under the EAGGF Guarantee Section. |
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(4)

In the light of the checks carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil these requirements and cannot, therefore, be financed under the EAGGF Guarantee Section.

| (5) | The amounts that are not recognised as being chargeable to the EAGGF Guarantee Section should be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission's written notification of the results of the checks to the Member States. |
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(5)

The amounts that are not recognised as being chargeable to the EAGGF Guarantee Section should be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission's written notification of the results of the checks to the Member States.

| (6) | As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non-compliance with Community rules was notified by the Commission to the Member States in a summary report on the subject. |
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(6)

As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non-compliance with Community rules was notified by the Commission to the Member States in a summary report on the subject.

| (7) | This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice in cases pending on 31 January 2004 and relating to its content, |
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(7)

This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice in cases pending on 31 January 2004 and relating to its content,

HAS ADOPTED THIS DECISION:

Article 1

The expenditure itemised in the Annex hereto that has been incurred by the Member States' accredited paying agencies and declared under the EAGGF Guarantee Section shall be excluded from Community financing because it does not comply with Community rules.

Article 2

This Decision is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Kingdom of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

Table of corrections

| Sector | Member State | Budget item | Reason | Nat. Currency | Expenditure to exclude from financing | Deductions already made | Financial impact of this Decision | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Fruit & vegetables | BE | 1502 | Ad hoc correction | EUR | 637 388,15 | | 637 388,15 | 2000-2002 |
| | Total BE | | | | 637 388,15 | 0,00 | 637 388,15 | |
| Fruit & vegetables | ES | 1501 | Ad hoc correction — failure to deliver contracted quantities | EUR | 5 253 601,00 | | 5 253 601,00 | 1999 |
| Fruit & vegetables | ES | 1515 | Correction — infringement of Regulations (EC) No 2202/96 and (EC) No 1169/97 — application of penalties | EUR | 40 765,86 | | 40 765,86 | 2000-2001 |
| Public storage | ES | 3100 | Flat-rate correction of 2 % — shortcomings in controls: aid for the most deprived persons | EUR | 2 949 742,00 | | 2 949 742,00 | 1999-2001 |
| Arable crops | ES | 1040-1062, 1310, 2120-2128 | Flat-rate correction of 2 % — shortcomings in secondary controls | EUR | 2 314 888,00 | | 2 314 888,00 | 1999-2001 |
| | Total ES | | | | 10 558 996,86 | 0,00 | 10 558 996,86 | |
| Fruit & vegetables | FR | 1508 | Flat-rate correction of 10 % — absence of key controls/compensatory aid for bananas | EUR | 20 809 485,00 | | 20 809 485,00 | 1999-2001 |
| Fruit & vegetables | FR | 1508 | Ad hoc correction of 1,01 % — infringement of Regulation (EC) No 404/93 — compensatory aid for bananas marketed | EUR | 3 469 655,00 | | 3 469 655,00 | 1999-2002 |
| Public storage | FR | 3100 | Flat-rate correction of 10 % — absence of a key control and 2 % — shortcomings in secondary controls: rice, skimmed milk, cereals | EUR | 6 206 612,00 | | 6 206 612,00 | 1999-2000 |
| Arable crops | FR | 1040-1062 | Ad hoc correction — shortcomings in key controls on area eligible for direct payments | EUR | 27 678 616,00 | | 27 678 616,00 | 1999-2001 |
| | Total FR | | | | 58 164 368,00 | 0,00 | 58 164 368,00 | |
| Financial audit | DE | 4100-4115 | Financial correction — certification of accounts | EUR | 73 919,00 | 73 919,00 | 0,00 | 2001 |
| | Total DE | | | | 73 919,00 | 73 919,00 | 0,00 | |
| Fruit & vegetables | GR | 1509 | Exclusion from financing beyond the triennial programme | EUR | 1 140 867,35 | | 1 140 867,35 | 1999-2001 |
| Fruit & vegetables | GR | 1512 | Correction — failure to pay the minimum price to producers | EUR | 650 549,56 | | 650 549,56 | 2001 |
| Public storage | GR | 3100 | Flat-rate correction of 2 % — shortcomings in controls: aid for the most deprived persons | EUR | 669 839,00 | | 669 839,00 | 1998-2001 |
| Public storage | GR | 1851-1854, 3100 | Flat-rate correction of 5 % — shortcomings in key controls and late deliveries: rice | EUR | 2 510 456,73 | | 2 510 456,73 | 1999-2001,1999 |
| | Total GR | | | | 4 971 712,64 | 0,00 | 4 971 712,64 | |
| Public storage | IT | 3100 | Flat-rate correction of 2 % — shortcomings in controls: rice | EUR | 2 758 501,00 | | 2 758 501,00 | 1999-2001 |
| Rural development | IT | 4010-4017 | Correction — infringement of Regulation (EC) No 2075/2000: young farmers | EUR | 19 058 682,00 | | 19 058 682,00 | 2000-2001 |
| | Total IT | | | | 21 817 183,00 | 0,00 | 21 817 183,00 | |
| Fruit & vegetables | UK | 1502 | Flat-rate correction of 2 % — shortcomings in key and secondary controls | GBP | 218 982,84 | | 218 982,84 | 2000 |
| L'stock premiums | UK | 2220-2221, 3900 | Flat-rate correction of 2 % — shortcomings in controls | GBP | 2 505 130,93 | | 2 505 130,93 | 2000-2001 |
| Arable crops | UK | 1040-1060 | Flat-rate correction of 2 % — shortcomings in on-the-spot checks | GBP | 11 484 350,00 | | 11 484 350,00 | 2002 |
| | Total UK | | | | 14 208 463,77 | 0,00 | 14 208 463,77 | |
| Fruit & vegetables | NL | 1502 | Correction — expenditure above the flat rate of 2 % | EUR | 78 314,00 | | 78 314,00 | 2001-2002 |
| L'stock premiums | NL | 2120-2128 | Flat-rate correction of 10 % — shortcomings in key controls | EUR | 1 037 614,45 | | 1 037 614,45 | 2002-2003 |
| | Total NL | | | | 1 115 928,45 | 0,00 | 1 115 928,45 | |
| Public storage | PT | 3100 | Flat-rate correction of 2 % — shortcomings in controls: aid for the most deprived persons | EUR | 1 338 381,00 | | 1 338 381,00 | 1998-2001 |
| | Total PT | | | | 1 338 381,00 | 0,00 | 1 338 381,00 | |

Sector

Member State

Budget item

Reason

Nat. Currency

Expenditure to exclude from financing

Deductions already made

Financial impact of this Decision

Fruit & vegetables

BE

1502

Ad hoc correction

EUR

637 388,15

637 388,15

2000-2002

Total BE

637 388,15

0,00

637 388,15

Fruit & vegetables

ES

1501

Ad hoc correction — failure to deliver contracted quantities

EUR

5 253 601,00

5 253 601,00

1999

Fruit & vegetables

ES

1515

Correction — infringement of Regulations (EC) No 2202/96 and (EC) No 1169/97 — application of penalties

EUR

40 765,86

40 765,86

2000-2001

Public storage

ES

3100

Flat-rate correction of 2 % — shortcomings in controls: aid for the most deprived persons

EUR

2 949 742,00

2 949 742,00

1999-2001

Arable crops

ES

1040-1062, 1310, 2120-2128

Flat-rate correction of 2 % — shortcomings in secondary controls

EUR

2 314 888,00

2 314 888,00

1999-2001

Total ES

10 558 996,86

0,00

10 558 996,86

Fruit & vegetables

FR

1508

Flat-rate correction of 10 % — absence of key controls/compensatory aid for bananas

EUR

20 809 485,00

20 809 485,00

1999-2001

Fruit & vegetables

FR

1508

Ad hoc correction of 1,01 % — infringement of Regulation (EC) No 404/93 — compensatory aid for bananas marketed

EUR

3 469 655,00

3 469 655,00

1999-2002

Public storage

FR

3100

Flat-rate correction of 10 % — absence of a key control and 2 % — shortcomings in secondary controls: rice, skimmed milk, cereals

EUR

6 206 612,00

6 206 612,00

1999-2000

Arable crops

FR

1040-1062

Ad hoc correction — shortcomings in key controls on area eligible for direct payments

EUR

27 678 616,00

27 678 616,00

1999-2001

Total FR

58 164 368,00

0,00

58 164 368,00

Financial audit

DE

4100-4115

Financial correction — certification of accounts

EUR

73 919,00

73 919,00

0,00

2001

Total DE

73 919,00

73 919,00

0,00

Fruit & vegetables

GR

1509

Exclusion from financing beyond the triennial programme

EUR

1 140 867,35

1 140 867,35

1999-2001

Fruit & vegetables

GR

1512

Correction — failure to pay the minimum price to producers

EUR

650 549,56

650 549,56

2001

Public storage

GR

3100

Flat-rate correction of 2 % — shortcomings in controls: aid for the most deprived persons

EUR

669 839,00

669 839,00

1998-2001

Public storage

GR

1851-1854, 3100

Flat-rate correction of 5 % — shortcomings in key controls and late deliveries: rice

EUR

2 510 456,73

2 510 456,73

1999-2001,1999

Total GR

4 971 712,64

0,00

4 971 712,64

Public storage

IT

3100

Flat-rate correction of 2 % — shortcomings in controls: rice

EUR

2 758 501,00

2 758 501,00

1999-2001

Rural development

IT

4010-4017

Correction — infringement of Regulation (EC) No 2075/2000: young farmers

EUR

19 058 682,00

19 058 682,00

2000-2001

Total IT

21 817 183,00

0,00

21 817 183,00

Fruit & vegetables

UK

1502

Flat-rate correction of 2 % — shortcomings in key and secondary controls

GBP

218 982,84

218 982,84

2000

L'stock premiums

UK

2220-2221, 3900

Flat-rate correction of 2 % — shortcomings in controls

GBP

2 505 130,93

2 505 130,93

2000-2001

Arable crops

UK

1040-1060

Flat-rate correction of 2 % — shortcomings in on-the-spot checks

GBP

11 484 350,00

11 484 350,00

2002

Total UK

14 208 463,77

0,00

14 208 463,77

Fruit & vegetables

NL

1502

Correction — expenditure above the flat rate of 2 %

EUR

78 314,00

78 314,00

2001-2002

L'stock premiums

NL

2120-2128

Flat-rate correction of 10 % — shortcomings in key controls

EUR

1 037 614,45

1 037 614,45

2002-2003

Total NL

1 115 928,45

0,00

1 115 928,45

Public storage

PT

3100

Flat-rate correction of 2 % — shortcomings in controls: aid for the most deprived persons

EUR

1 338 381,00

1 338 381,00

1998-2001

Total PT

1 338 381,00

0,00

1 338 381,00

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(1)  
  OJ L 94, 28.4.1970, p. 13. Regulation as last amended by Regulation (EC) No 1287/95 (OJ L 125, 8.6.1995, p. 1).

1

(2)  
  OJ L 160, 26.6.1999, p. 103.

2

(3)  
  OJ L 158, 8.7.1995, p. 6. Regulation as last amended by Regulation (EC) No 2025/2001 (OJ L 274, 17.10.2001, p. 3).

3

(4)  
  OJ L 182, 16.7.1994, p. 45. Decision as last amended by Decision 2001/535/EC (OJ L 193, 17.7.2001, p. 25).

4

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