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COMMISSION DECISION
of 19 April 1990
amending Decision 89/627/EEC on the clearance of the accounts presented by the Member States in respect of the expenditure for 1987 of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund
(90/213/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 2048/88 (2), and in particular Article 5 (2) thereof,
After consulting the Fund Committee,
Whereas Commission Decision 89/627/EEC (3), does not relate to certain expenditure (expenses declared in Italy relating to processing aid for skimmed-milk powder and to aid for the consumption of olive oil; expenses declared by France relating to the additional distillation of table wines; securities lodged in connection with processing aid for skimmed-milk powder in Italy); whereas the Commission has examined these expenses on the basis of additional information forwarded by the Member States involved; whereas these Member States have been informed in detail of the results of this additional study and have been able to make known their position on the subject;
Whereas the expenditure disallowed for Italy comprised an amount of Lit 20 920 524 089 in respect of financial compensation paid by producers' organizations in the sector of fruit and vegetables; whereas the Commission reserved the right to re-examine this amount provided this Member State produced the necessary evidence by 31 December 1989 at the latest; whereas this evidence was not produced by that date; whereas consequently the correction becomes definitive;
Whereas, as regards export refunds, Germany instituted proceedings before the Court of Justice in relation to Decision 89/627/EEC; in the course of these proceedings Germany introduced a new element causing the Commission to review its position;
Whereas Decision 89/627/EEC contains accounting errors concerning France, Greece and the United Kingdom; whereas these Member States have been informed in detail and have been able to make known their position on the subject;
Whereas it is in consequence appropriate to amend the Annexes to Decision 89/627/EEC for the Member States concerned;
Whereas some corrections concerning France, Greece and the United Kingdom were partially taken into account within the framework of the implementation of Decision 89/627/EEC and it is consequently necessary to limit the corrections to the expenditure not yet chargeable to certain Member States,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 89/627/EEC for France, Germany, Greece, Italy and the United Kingdom is replaced by the Annex to this Decision.
Article 2
The following amounts chargeable to (-) or payable to (+) the Member States are to be taken into account as part of the expenditure referred to in Article 3 of Commission Regulation (EEC) No 2776/88 (4) for the month following that in which this Decision was notified:
1.2 // - for Germany: // + DM 291 644,00, // - for France: // - FF 44 824 358,22, // - for Italy: // - Lit 10 214 635 858.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 19 April 1990.