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) (OJ L 156, 30.4.2004)
Date: 2004-06-07
Institutions: European Commission
Subjects: EAGGF Guarantee Section, EU Member State, EU financing, common agricultural policy, operational expenditure (EU)

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)

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

(notified under document number C(2004) 1706)

(2004/457/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

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
the common agricultural
May 1999 on the financing of
policy (2), and in particular Article 7(4) thereof,

Having consulted the Fund Committee,

Whereas:

(1)

the accounts of

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
the
procedure for the clearance of
EAGGF Guarantee Section (3), provide that the Commis-
sion is to make the necessary verifications, inform the
Member States 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).

take account of

its findings,

(1) OJ L 94, 28.4.1970, p. 13. Regulation as last amended by Regu-

lation (EC) No 1287/95 (OJ L 125, 8.6.1995, p. 1).

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

(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).

(2)

(3)

(4)

(5)

(6)

(7)

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

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 interven-
tion to stabilise agricultural markets, respectively granted
and undertaken according to Community rules within
the framework of the common organisation of the agri-
cultural markets, may be financed.

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.

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.

As regards the cases covered by this Decision, the assess-
ment 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.

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,

L 202/36

EN

Official Journal of the European Union

7.6.2004

HAS ADOPTED THIS DECISION:

Article 1

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.

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
the
Federal Republic of Germany,

the Hellenic Republic,

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

Table of corrections

.

.

7
6
2
0
0
4

Sector

Member State

Budget item

Reason

Nat.
Curren-
cy

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

Fruit & vegetables

Fruit & vegetables

Public storage

Arable crops

Fruit & vegetables

Fruit & vegetables

Public storage

Arable crops

Total BE

ES

ES

ES

ES

Total ES

FR

FR

FR

FR

Total FR

1501

Ad hoc correction — failure to deliver contracted quantities

EUR

5 253 601,00

5 253 601,00

1999

637 388,15

0,00

637 388,15

1515

3100

1040-1062,
1310,
2120-2128

1508

1508

3100

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

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

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

EUR

2 314 888,00

2 314 888,00

1999-2001

10 558 996,86

0,00

10 558 996,86

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

EUR

20 809 485,00

20 809 485,00

1999-2001

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

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

1040-1062 Ad hoc correction — shortcomings in key controls on area eligible for

EUR

27 678 616,00

27 678 616,00

1999-2001

direct payments

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

E
N

O

f
f
i
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i
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l

J
o
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3
7

Sector

Member State

Budget item

Reason

Fruit & vegetables

Fruit & vegetables

Public storage

Public storage

GR

GR

GR

GR

Total GR

1509

1512

3100

Exclusion from financing beyond the triennial programme

Correction — failure to pay the minimum price to producers

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

1851-1854,
3100

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

EUR

2 510 456,73

Nat.
Curren-
cy

Expenditure to
exclude from
financing

EUR

EUR

EUR

1 140 867,35

650 549,56

669 839,00

Deductions already
made

Financial impact
of this Decision

1 140 867,35

1999-2001

650 549,56

2001

669 839,00

1998-2001

2 510 456,73

1999-
2001,1999

4 971 712,64

0,00

4 971 712,64

Public storage

Rural development

IT

IT

3100

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

4010-4017

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

EUR

EUR

2 758 501,00

19 058 682,00

2 758 501,00

1999-2001

19 058 682,00

2000-2001

Fruit & vegetables

L'stock premiums

Arable crops

Fruit & vegetables

L'stock premiums

Total IT

UK

UK

UK

Total UK

NL

NL

Total NL

21 817 183,00

0,00

21 817 183,00

1502

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

GBP

218 982,84

218 982,84

2000

2220-2221,
3900

Flat-rate correction of 2 % — shortcomings in controls

GBP

2 505 130,93

2 505 130,93

2000-2001

1040-1060

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

GBP

11 484 350,00

11 484 350,00

2002

1502

Correction — expenditure above the flat rate of 2 %

2120-2128

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

EUR

EUR

78 314,00

1 037 614,45

78 314,00

2001-2002

1 037 614,45

2002-2003

14 208 463,77

0,00

14 208 463,77

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

L

2
0
2
/
3
8

E
N

O

f
f
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J
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E
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p
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a
n
U
n
o
n

i

.

.

7
6
2
0
0
4