TO CHARGE CONSIDERABLE AMOUNTS TO THE EAGGF ON THE GROUND THAT THE TIME-LIMIT OF 150 DAYS FROM THE SUBMISSION OF THE AID APPLICATION HAD NOT BEEN COMPLIED WITH . THE COMMISSION LATER WITHDREW THAT DECISION EXCEPT IN RESPECT OF AID WHICH HAD GIVEN RISE TO ADMINISTRATIVE OR JUDICIAL PROCEEDINGS AS A RESULT OF THE DISCOVERY OF IRREGULARITIES ON THE PART OF THE UNDERTAKINGS CONCERNED . HOWEVER, THE INITIATION OF CRIMINAL OR ADMINISTRATIVE PROCEEDINGS HAS NO EFFECT ON WHETHER OR NOT EXPENSES ARE TO BE CHARGEABLE TO THE EAGGF .
19 THE COMMISSION REPLIES THAT WHERE AID IS PAID IN ADVANCE, THE SECURITY LODGED MUST BE RELEASED WITHIN THE TIME-LIMIT LAID DOWN FOR THE DEFINITIVE PAYMENT OF THE AID, THAT IS TO SAY, WITHIN 150 DAYS, AND THAT, CONSEQUENTLY, THE NECESSARY CHECKS MUST BE CARRIED OUT WITHIN THE SAME PERIOD . THUS, THE ITALIAN AUTHORITIES' FAILURE TO COMPLY WITH THAT TIME-LIMIT CAUSED THOSE TRANSACTIONS TO BE NOT IN ACCORDANCE WITH THE PROVISIONS OF COMMUNITY LAW . HOWEVER, THE COMMISSION CONSIDERED THAT FINANCING COULD BE GRANTED, EXCEPTIONALLY, PROVIDED THAT SUBSEQUENT CHECKS SHOWED THAT THE TRANSACTION HAD BEEN PROPERLY CARRIED OUT . THE ONLY CASES EXCLUDED WERE THOSE IN WHICH NO CHECK WAS CARRIED OUT, REGARDLESS OF THE REASON FOR THE OMISSION .
20 IT SHOULD BE NOTED THAT THE ITALIAN GOVERNMENT ADMITS THAT THE NECESSARY CHECKS WERE NOT CARRIED OUT WITHIN THE TIME-LIMITS LAID DOWN BY THE COMMUNITY RULES . THE PAYMENT OF THE AID IN QUESTION WAS THEREFORE NOT IN ACCORDANCE WITH THE REQUIREMENTS LAID DOWN BY THOSE RULES . THAT CONCLUSION IS NOT AFFECTED BY THE FACT THAT THE COMMISSION, FOR ITS OWN REASONS, DECIDED TO ACCEPT THE EXPENDITURE AT ISSUE IN A CERTAIN NUMBER OF CASES .
21 IN THE ALTERNATIVE, THE ITALIAN GOVERNMENT ALSO CLAIMS THAT THE COMMISSION COULD HAVE AWAITED THE END OF THE PROCEEDINGS CURRENTLY PENDING AGAINST CERTAIN UNDERTAKINGS BEFORE REACHING A DEFINITIVE DECISION AND THAT IT SUPPLIED THE COMMISSION WITH NEW FIGURES WHICH THE LATTER REFUSED TO TAKE INTO CONSIDERATION .
22 THOSE ARGUMENTS DO NOT AFFECT THE CONCLUSION THAT THE AID PAYMENTS WERE IRREGULAR . FURTHERMORE, IT SHOULD BE OBSERVED, AS THE COMMISSION HAS RIGHTLY POINTED OUT, THAT CHECKS WHICH ARE NOT CARRIED OUT WITHIN THE PRESCRIBED TIME-LIMITS ARE LIKELY TO BECOME IMPOSSIBLE AFTER A CERTAIN TIME FOR REASONS SUCH AS THE FACT THAT UNDERTAKINGS MAY HAVE CEASED TRADING OR ACCOUNTING DOCUMENTS MAY HAVE BEEN LOST, ETC . MOREOVER, CONSIDERATION OF THE FILE SHOWS THAT THE CORRESPONDENCE EXCHANGED BETWEEN THE ITALIAN GOVERNMENT AND THE COMMISSION DOES NOT PROVIDE SUFFICIENTLY PRECISE INFORMATION TO PERMIT THE LATTER TO MAKE A FRESH CALCULATION OF THE AMOUNTS OF AID WHICH SHOULD NOT BE CHARGED TO THE EAGGF .
23 IT FOLLOWS FROM THE FOREGOING THAT THE COMPLAINT CONCERNING AID FOR THE CONSUMPTION OF OLIVE OIL MUST BE REJECTED .
C - FINANCIAL COMPENSATION FOR THE WITHDRAWAL FROM THE MARKET OF FISHERY PRODUCTS
24 IT CAN BE SEEN FROM THE FILE THAT THE COMMISSION REFUSED TO CHARGE TO THE