ONLY REFUNDS ON EXPORTS TO NON-MEMBER COUNTRIES AND INTERVENTION INTENDED TO STABILIZE AGRICULTURAL MARKETS , RESPECTIVELY GRANTED AND UNDERTAKEN ACCORDING TO COMMUNITY RULES WITHIN THE FRAMEWORK OF THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS , MAY BE FINANCED ; WHEREAS THE INSPECTIONS CARRIED OUT SHOW THAT PART OF THE EXPENDITURE DECLARED , TOTALLING LFRS 464 435 DOES NOT SATISFY THE REQUIREMENTS OF THESE PROVISIONS AND MUST THEREFORE BE DISALLOWED ; WHEREAS THE MEMBER STATE HAS BEEN FULLY INFORMED OF THIS DEDUCTION AND HAS HAD AN OPPORTUNITY TO STATE ITS VIEWS THEREON ;
WHEREAS THE DISALLOWED EXPENDITURE INCLUDES AN AMOUNT OF LFRS 102 402 FOR AID TO THE PRIVATE STORAGE OF TABLE WINES ; WHEREAS THE GRAND DUCHY OF LUXEMBOURG HAS , HOWEVER , APPEALED AGAINST COMMISSION DECISIONS 83/38/EEC ( 4 ) AND 83/49/EEC ( 5 ) , WHICH CONCERN A SIMILAR MATTER ; WHEREAS THE COMMISSION WILL REVIEW ITS PRESENT DECISION IN THE LIGHT OF THE COURT'S JUDGMENT IN THE ABOVEMENTIONED CASES IN THE COURSE OF THE FIRST ACCOUNTS CLEARANCE OPERATION SUBSEQUENT TO THE COURT'S RULINGS ;
WHEREAS UNDER COUNCIL REGULATION ( EEC ) NO 1078/77 OF 17 MAY 1977 INTRODUCING A SYSTEM OF PREMIUMS FOR THE NON-MARKETING OF MILK AND MILK PRODUCTS AND FOR THE CONVERSION OF DAIRY HERDS ( 6 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1365/80 ( 7 ) , 60 % OF EXPENDITURE ON THOSE MEASURES IS BORNE BY THE GUARANTEE SECTION OF THE EAGGF AND 40 % BY THE GUIDANCE SECTION ; WHEREAS THE SAID MEASURES RANK AS INTERVENTION WITHIN THE MEANING OF ARTICLE 3 OF REGULATION ( EEC ) NO 729/70 AND CONSTITUTE A " COMMON MEASURE " WITHIN THE MEANING OF ARTICLE 6 ( 1 ) OF THAT REGULATION ; WHEREAS THE RELEVANT GUIDANCE SECTION EXPENDITURE ITEMS MUST THEREFORE BE INCLUDED WHEN THE ACCOUNTS FOR GUARANTEE EXPENDITURE FINANCED BY THE EAGGF ARE CLEARED ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
1 . THE EXPENDITURE BY LUXEMBOURG RECOGNIZED AS CHARGEABLE TO THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND , GUARANTEE SECTION , IN RESPECT OF 1978 TOTALS , IN ACCORDANCE WITH ANNEX I , LFRS 943 642 824 .
2 . THE EXPENDITURE RECOGNIZED AS CHARGEABLE TO THE EAGGF PURSUANT TO REGULATION ( EEC ) NO 1078/77 TOTALS , IN ACCORDANCE WITH ANNEX II , LFRS 27 465 619 .
ARTICLE 2
THE FINANCIAL RESOURCES AVAILABLE AT THE END OF 1978 TOTAL , IN ACCORDANCE WITH ANNEX I , LFRS 15 446 154 AND , IN ACCORDANCE WITH ANNEX II , LFRS 140 062 .
ARTICLE 3
THIS DECISION IS ADDRESSED TO THE GRAND DUCHY OF LUXEMBOURG .
DONE AT BRUSSELS , 8 FEBRUARY 1984 .
FOR THE COMMISSION
POUL DALSAGER
MEMBER OF THE COMMISSION
ANNEX I
CLEARANCE OF THE ACCOUNTS CONCERNING THE EXPENDITURE FINANCED BY THE EAGGF , GUARANTEE SECTION , FOR 1978
( LFRS )
1 . FUNDS AVAILABLE AFTER CLEARANCE OF 1977 ACCOUNTS 40 088 978
2 . ADVANCES RECEIVED FOR 1978 919 000 000
3