# L_2008109EN.01003501.xml

| 19.4.2008 | EN | Official Journal of the European Union | L 109/35 |
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19.4.2008

EN

Official Journal of the European Union

L 109/35

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COMMISSION DECISION

of 8 April 2008

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

(notified under document number C(2008) 1283)

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

(2008/321/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1), and in particular Article 7(4) thereof,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (2), and in particular Article 31 thereof,

Having consulted the Committee on the Agricultural Funds,

Whereas:

| (1) | Under Article 7(4) of Regulation (EC) No 1258/1999, and Article 31 of Regulation (EC) No 1290/2005, the Commission is to carry out the necessary verifications, communicate to the Member States the results of these verifications, take note of the comments of the Member States, initiate a bilateral discussion so that an agreement may be reached with the Member States in question, and formally communicate its conclusions to them. |
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(1)

Under Article 7(4) of Regulation (EC) No 1258/1999, and Article 31 of Regulation (EC) No 1290/2005, the Commission is to carry out the necessary verifications, communicate to the Member States the results of these verifications, take note of the comments of the Member States, initiate a bilateral discussion so that an agreement may be reached with the Member States in question, and formally communicate its conclusions to them.

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

| (3) | Under Regulation (EC) No 1258/1999 and Regulation (EC) No 1290/2005, only agricultural expenditure which has been incurred in a way that has not infringed Community rules may be financed. |
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(3)

Under Regulation (EC) No 1258/1999 and Regulation (EC) No 1290/2005, only agricultural expenditure which has been incurred in a way that has not infringed Community rules may be financed.

| (4) | In the light of the verifications carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil this requirement and cannot, therefore, be financed under the EAGGF Guarantee Section and the European Agricultural Guarantee Fund, hereinafter referred to as EAGF. |
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(4)

In the light of the verifications carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil this requirement and cannot, therefore, be financed under the EAGGF Guarantee Section and the European Agricultural Guarantee Fund, hereinafter referred to as EAGF.

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

The amounts that are not recognised as being chargeable to the EAGGF Guarantee Section and the EAGF should be indicated. Those amounts do not relate to expenditure incurred more than twenty-four months before the Commission's written notification of the results of the verifications 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 15 December 2007 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 15 December 2007 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 or under the EAGF shall be excluded from Community financing because it does not comply with Community rules.

Article 2

This Decision is addressed to the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Portuguese Republic.

Done at Brussels, 8 April 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 160, 26.6.1999, p. 103.

1

(2)  
  OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation (EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1).

2

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ANNEX

Budget item 6701

| MS | Measure | FY | Reason for correction | Type | % | Currency | Amount | Deductions already made | Financial impact |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| AT | Financial audit — Overshooting | 2004 | Overshooting of financial ceilings | one-off | | EUR | –61 104,20 | 0,00 | –61 104,20 |
| TOTAL AT | –61 104,20 | 0,00 | –61 104,20 |
| CZ | Financial audit — Overshooting | 2006 | Overshooting of financial ceilings | one-off | | CZK | – 358 046,95 | 0,00 | – 358 046,95 |
| TOTAL CZ | – 358 046,95 | 0,00 | – 358 046,95 |
| DE | RD guarantee accompanying measuress | 2003 | Overshooting of ceilings | one-off | | EUR | –4 256 495,00 | 0,00 | –4 256 495,00 |
| DE | Financial audit — Late payments | 2006 | Late payments | one-off | | EUR | –80 851,39 | –80 851,39 | 0,00 |
| TOTAL DE | –4 337 346,39 | –80 851,39 | –4 256 495,00 |
| DK | Milk powder for casein | 2002 | Non-respect of all requirements concerning production process | one-off | | DKK | –8 915,00 | 0,00 | –8 915,00 |
| DK | Milk powder for casein | 2003 | Non-respect of all requirements concerning production process | one-off | | DKK | – 157 528,05 | 0,00 | – 157 528,05 |
| DK | Milk powder for casein | 2004 | Non-respect of all requirements concerning production process | one-off | | DKK | –98 154,15 | 0,00 | –98 154,15 |
| TOTAL DK | – 264 597,20 | 0,00 | – 264 597,20 |
| ES | Certification | 2004 | Non-recovered debts | one-off | | EUR | –1 882 525,15 | 0,00 | –1 882 525,15 |
| ES | Fruit and veg — Bananas | 2004 | Weaknesses (frequence and sampling) in second level quality controls | flat rate | 2,00 | EUR | – 948 158,64 | 0,00 | – 948 158,64 |
| ES | Fruit and veg — Bananas | 2005 | Weaknesses (frequence and sampling) in second level quality controls | flat rate | 2,00 | EUR | –1 394 194,02 | 0,00 | –1 394 194,02 |
| ES | Fruit and veg — Bananas | 2006 | Weaknesses (frequence and sampling) in second level quality controls | flat rate | 2,00 | EUR | – 406 510,05 | 0,00 | – 406 510,05 |
| ES | Wine Distillation | 2003 | Weaknesses in the control of the prohibition of any vine plantations | flat rate | 10,00 | EUR | –25 824 435,94 | 0,00 | –25 824 435,94 |
| ES | Wine Distillation | 2004 | Weaknesses in the control of the prohibition of any vine plantations | flat rate | 10,00 | EUR | –29 124 759,86 | 0,00 | –29 124 759,86 |
| TOTAL ES | –59 580 583,66 | 0,00 | –59 580 583,66 |
| FR | Fruit and veg — Bananas | 2004 | Non-respect of certain recognition criteria by producer organisations | flat rate | 5,00 | EUR | – 780,11 | | – 780,11 |
| FR | Fruit and veg — Bananas | 2005 | Non-respect of certain recognition criteria by producer organisations | flat rate | 5,00 | EUR | –4 958 177,57 | 0,00 | –4 958 177,57 |
| FR | Fruit and veg — Bananas | 2006 | Non-respect of certain recognition criteria by producer organisations | flat rate | 5,00 | EUR | –2 263 498,77 | 0,00 | –2 263 498,77 |
| FR | Fruit and veg — Bananas | 2007 | Non-respect of certain recognition criteria by producer organisations | flat rate | 5,00 | EUR | –3 775 871,38 | 0,00 | –3 775 871,38 |
| FR | Public storage of sugar | 2005 | Ineligible quantity declared | one-off | | EUR | – 535 626,90 | 0,00 | – 535 626,90 |
| FR | Public storage of sugar | 2006 | Ineligible quantity declared | one-off | | EUR | 475 793,12 | 0,00 | 475 793,12 |
| FR | Tobacco premiums | 2004 | Non-aplication of sanctions | one-off | | EUR | –9 947,35 | 0,00 | –9 947,35 |
| FR | Tobacco premiums | 2005 | Non-aplication of sanctions | one-off | | EUR | –38 983,31 | 0,00 | –38 983,31 |
| FR | Tobacco premiums | 2006 | Non-aplication of sanctions | one-off | | EUR | –85 816,53 | 0,00 | –85 816,53 |
| TOTAL FR | –11 192 908,80 | 0,00 | –11 192 908,80 |
| IE | Milk powder for casein | 2003 | Weaknesses in sampling procedure of production batches | flat rate | 2,00 | EUR | – 209 164,22 | 0,00 | – 209 164,22 |
| IE | Milk powder for casein | 2004 | Weaknesses in sampling procedure of production batches | flat rate | 2,00 | EUR | – 423 850,43 | 0,00 | – 423 850,43 |
| IE | Milk powder for casein | 2005 | Weaknesses in sampling procedure of production batches | flat rate | 2,00 | EUR | – 131 507,65 | 0,00 | – 131 507,65 |
| TOTAL IE | – 764 522,30 | 0,00 | – 764 522,30 |
| IT | Export refunds | 2003 | Lack of information about physical checks | flat rate | 5,00 | EUR | –30 905,27 | 0,00 | –30 905,27 |
| IT | Financial audit — Late payments | 2004 | Late payments | one-off | | EUR | – 308 289,90 | 0,00 | – 308 289,90 |
| IT | RD guarantee accompanying measuress | 2003 | Administrative checks not carried out exhaustively in breach of Article 68 of Regulation (EC) No 817/2004; on-the-spot checks not satisfactory | flat rate | 5,00 | EUR | – 428 284,00 | 0,00 | – 428 284,00 |
| IT | RD guarantee accompanying measuress | 2003 | On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 | flat rate | 5,00 | EUR | –2 985 884,00 | 0,00 | –2 985 884,00 |
| IT | RD guarantee accompanying measuress | 2004 | Administrative checks not carried out exhaustively in breach of Article 68 of Regulation (EC) No 817/2004; on-the-spot checks not satisfactory | flat rate | 5,00 | EUR | – 754 180,00 | 0,00 | – 754 180,00 |
| IT | RD guarantee accompanying measuress | 2004 | On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 | flat rate | 5,00 | EUR | –32 396,00 | 0,00 | –32 396,00 |
| IT | RD guarantee accompanying measuress | 2005 | On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 | flat rate | 5,00 | EUR | –54 645,00 | 0,00 | –54 645,00 |
| IT | RD guarantee accompanying measuress | 2006 | On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 | flat rate | 5,00 | EUR | –58 709,00 | 0,00 | –58 709,00 |
| TOTAL IT | –4 653 293,17 | 0,00 | –4 653 293,17 |
| LU | Financial audit — Late payments | 2006 | Late payments | one-off | | EUR | 0,00 | –14 516,49 | 14 516,49 |
| LU | Financial audit — Overshooting | 2006 | Overshooting of financial ceilings | one-off | | EUR | –1 107 241,81 | –1 107 241,81 | 0,00 |
| LU | RD guarantee accompanying measuress | 2004 | Weaknesses in the main and secondary controls | flat rate | 5,00 | EUR | – 484 845,00 | 0,00 | – 484 845,00 |
| LU | RD guarantee accompanying measuress | 2005 | Weaknesses in the main and secondary controls | flat rate | 5,00 | EUR | – 479 643,00 | 0,00 | – 479 643,00 |
| TOTAL LU | –2 071 729,81 | –1 121 758,30 | – 949 971,51 |
| NL | Financial audit — Overshooting | 2005 | Overshooting of financial ceilings | one-off | | EUR | –7 905,99 | 0,00 | –7 905,99 |
| TOTAL NL | –7 905,99 | 0,00 | –7 905,99 |
| PT | Financial audit — Overshooting | 2006 | Overshooting of financial ceilings | one-off | | EUR | – 271 398,38 | 0,00 | – 271 398,38 |
| TOTAL PT | – 271 398,38 | 0,00 | – 271 398,38 |

MS

Measure

FY

Reason for correction

Type

%

Currency

Amount

Deductions already made

Financial impact

AT

Financial audit — Overshooting

2004

Overshooting of financial ceilings

one-off

EUR

–61 104,20

0,00

–61 104,20

TOTAL AT

–61 104,20

0,00

–61 104,20

CZ

Financial audit — Overshooting

2006

Overshooting of financial ceilings

one-off

CZK

– 358 046,95

0,00

– 358 046,95

TOTAL CZ

– 358 046,95

0,00

– 358 046,95

DE

RD guarantee accompanying measuress

2003

Overshooting of ceilings

one-off

EUR

–4 256 495,00

0,00

–4 256 495,00

DE

Financial audit — Late payments

2006

Late payments

one-off

EUR

–80 851,39

–80 851,39

0,00

TOTAL DE

–4 337 346,39

–80 851,39

–4 256 495,00

DK

Milk powder for casein

2002

Non-respect of all requirements concerning production process

one-off

DKK

–8 915,00

0,00

–8 915,00

DK

Milk powder for casein

2003

Non-respect of all requirements concerning production process

one-off

DKK

– 157 528,05

0,00

– 157 528,05

DK

Milk powder for casein

2004

Non-respect of all requirements concerning production process

one-off

DKK

–98 154,15

0,00

–98 154,15

TOTAL DK

– 264 597,20

0,00

– 264 597,20

ES

Certification

2004

Non-recovered debts

one-off

EUR

–1 882 525,15

0,00

–1 882 525,15

ES

Fruit and veg — Bananas

2004

Weaknesses (frequence and sampling) in second level quality controls

flat rate

2,00

EUR

– 948 158,64

0,00

– 948 158,64

ES

Fruit and veg — Bananas

2005

Weaknesses (frequence and sampling) in second level quality controls

flat rate

2,00

EUR

–1 394 194,02

0,00

–1 394 194,02

ES

Fruit and veg — Bananas

2006

Weaknesses (frequence and sampling) in second level quality controls

flat rate

2,00

EUR

– 406 510,05

0,00

– 406 510,05

ES

Wine Distillation

2003

Weaknesses in the control of the prohibition of any vine plantations

flat rate

10,00

EUR

–25 824 435,94

0,00

–25 824 435,94

ES

Wine Distillation

2004

Weaknesses in the control of the prohibition of any vine plantations

flat rate

10,00

EUR

–29 124 759,86

0,00

–29 124 759,86

TOTAL ES

–59 580 583,66

0,00

–59 580 583,66

FR

Fruit and veg — Bananas

2004

Non-respect of certain recognition criteria by producer organisations

flat rate

5,00

EUR

– 780,11

– 780,11

FR

Fruit and veg — Bananas

2005

Non-respect of certain recognition criteria by producer organisations

flat rate

5,00

EUR

–4 958 177,57

0,00

–4 958 177,57

FR

Fruit and veg — Bananas

2006

Non-respect of certain recognition criteria by producer organisations

flat rate

5,00

EUR

–2 263 498,77

0,00

–2 263 498,77

FR

Fruit and veg — Bananas

2007

Non-respect of certain recognition criteria by producer organisations

flat rate

5,00

EUR

–3 775 871,38

0,00

–3 775 871,38

FR

Public storage of sugar

2005

Ineligible quantity declared

one-off

EUR

– 535 626,90

0,00

– 535 626,90

FR

Public storage of sugar

2006

Ineligible quantity declared

one-off

EUR

475 793,12

0,00

475 793,12

FR

Tobacco premiums

2004

Non-aplication of sanctions

one-off

EUR

–9 947,35

0,00

–9 947,35

FR

Tobacco premiums

2005

Non-aplication of sanctions

one-off

EUR

–38 983,31

0,00

–38 983,31

FR

Tobacco premiums

2006

Non-aplication of sanctions

one-off

EUR

–85 816,53

0,00

–85 816,53

TOTAL FR

–11 192 908,80

0,00

–11 192 908,80

IE

Milk powder for casein

2003

Weaknesses in sampling procedure of production batches

flat rate

2,00

EUR

– 209 164,22

0,00

– 209 164,22

IE

Milk powder for casein

2004

Weaknesses in sampling procedure of production batches

flat rate

2,00

EUR

– 423 850,43

0,00

– 423 850,43

IE

Milk powder for casein

2005

Weaknesses in sampling procedure of production batches

flat rate

2,00

EUR

– 131 507,65

0,00

– 131 507,65

TOTAL IE

– 764 522,30

0,00

– 764 522,30

IT

Export refunds

2003

Lack of information about physical checks

flat rate

5,00

EUR

–30 905,27

0,00

–30 905,27

IT

Financial audit — Late payments

2004

Late payments

one-off

EUR

– 308 289,90

0,00

– 308 289,90

IT

RD guarantee accompanying measuress

2003

Administrative checks not carried out exhaustively in breach of Article 68 of Regulation (EC) No 817/2004; on-the-spot checks not satisfactory

flat rate

5,00

EUR

– 428 284,00

0,00

– 428 284,00

IT

RD guarantee accompanying measuress

2003

On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002

flat rate

5,00

EUR

–2 985 884,00

0,00

–2 985 884,00

IT

RD guarantee accompanying measuress

2004

Administrative checks not carried out exhaustively in breach of Article 68 of Regulation (EC) No 817/2004; on-the-spot checks not satisfactory

flat rate

5,00

EUR

– 754 180,00

0,00

– 754 180,00

IT

RD guarantee accompanying measuress

2004

On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002

flat rate

5,00

EUR

–32 396,00

0,00

–32 396,00

IT

RD guarantee accompanying measuress

2005

On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002

flat rate

5,00

EUR

–54 645,00

0,00

–54 645,00

IT

RD guarantee accompanying measuress

2006

On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002

flat rate

5,00

EUR

–58 709,00

0,00

–58 709,00

TOTAL IT

–4 653 293,17

0,00

–4 653 293,17

LU

Financial audit — Late payments

2006

Late payments

one-off

EUR

0,00

–14 516,49

14 516,49

LU

Financial audit — Overshooting

2006

Overshooting of financial ceilings

one-off

EUR

–1 107 241,81

–1 107 241,81

0,00

LU

RD guarantee accompanying measuress

2004

Weaknesses in the main and secondary controls

flat rate

5,00

EUR

– 484 845,00

0,00

– 484 845,00

LU

RD guarantee accompanying measuress

2005

Weaknesses in the main and secondary controls

flat rate

5,00

EUR

– 479 643,00

0,00

– 479 643,00

TOTAL LU

–2 071 729,81

–1 121 758,30

– 949 971,51

NL

Financial audit — Overshooting

2005

Overshooting of financial ceilings

one-off

EUR

–7 905,99

0,00

–7 905,99

TOTAL NL

–7 905,99

0,00

–7 905,99

PT

Financial audit — Overshooting

2006

Overshooting of financial ceilings

one-off

EUR

– 271 398,38

0,00

– 271 398,38

TOTAL PT

– 271 398,38

0,00

– 271 398,38

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