CELEX: 
Language: en
Date: 2004-04-30 00:00:00
Title: 2004/457/: 2004/457/EC:#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)

30.4.2004         EN                Official Journal of the European Union                      L 156/47
                                       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)
                            (notified under document number C(2004) 1706)
(Only the Dutch, English, French, German, Greek, Italian, Portuguese and Spanish texts
                                                are authentic)
                                                (2004/457/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 729/70 of the Council of 21 April 1970 on the
financing of the common agricultural policy18, and in particular Article 5(2)(c) thereof,
Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of
the Common Agricultural Policy19, and in particular Article 7(4) thereof,
Having consulted the Fund Committee,
Whereas:
(1)      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 procedure for the clearance of the accounts of the EAGGF Guarantee
         Section20, provide that the Commission is to make the necessary verifications, inform
         the Member States of its findings, take account 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 Section21.
18
         OJ L 94, 28.4.1970, p. 13. Regulation as last amended by Regulation (EC) No 1287/95 (OJ L 125,
         8.6.1995, p. 1).
19
         OJ L 160, 26.6.1999, p. 103.
20
         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).
21
         OJ L 182, 16.7.1994, p. 45. Decision as last amended by Decision 2001/535/EC (OJ L 193, 17.07.2001,
         p. 25).
 ---pagebreak---  30.4.2004         EN            Official Journal of the European Union                  L 156/48
(2)     The Member States have had an opportunity to request that a conciliation procedure be
        initiated. That opportunity has been used in some cases and the report issued on the
        outcome has been examined by the Commission.
(3)     Under 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 intervention to
        stabilise agricultural markets, respectively granted and undertaken according to
        Community rules within the framework of the common organisation of the agricultural
        markets, may be financed.
(4)     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.
(5)     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 twenty-four months before the Commission’s written notification of the results of
        the checks 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.
(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 31 January
        2004 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 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 Federal Republic of Germany, the
Hellenic Republic, the 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.
Done at Brussels, 29 April 2004.
                                                                   For the Commission
                                                                   Franz FISCHLER
                                                                   Member of the Commission
 ---pagebreak---                                      30.4.2004              EN                   Official Journal of the European Union                         L 156/49
Table of corrections                                                          Date: 31/01/2004
     Sector     Member Budget item                                                       Reason                                            Nat. Expenditure to Deductions     Financial
                 State                                                                                                                     Curr exclude from     already   impact of this
                                                                                                                                           ency    financing      made        decision
                 State        Post                                                                                                         corr from financing    made              this decision
                                                                                                                                                   (national    (national        (national currency)
                                                                                                                                                   currency)    currency)
Fruit         &   BE         1502    Ad hoc correction                                                                                     EUR      637.388,15                637.388,15     2000-2002
vegetables
                       Total BE                                                                                                                     637.388,15        0,00    637.388,15
Fruit         &   ES         1501    Ad hoc correction - failure to deliver contracted quantities                                          EUR    5.253.601,00              5.253.601,00        1999
vegetables
Fruit         &   ES         1515    Correction - infringement of Regulations (EC) Nos 2202/96 and 1169/97 - application of penalties      EUR        40.765,86                40.765,86     2000-2001
vegetables
Public storage    ES         3100    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
Arable crops      ES         1040-   Flat-rate correction of 2% - shortcomings in secondary controls                                       EUR    2.314.888,00              2.314.888,00     1999-2001
                          1062,1310,
                          2120-2128
                       Total ES                                                                                                                 10.558.996,86         0,00 10.558.996,8
                                                                                                                                                                                         6
Fruit         &   FR         1508    Flat-rate correction of 10% - absence of key controls/compensatory aid for bananas                    EUR 20.809.485,00                20.809.485,0     1999-2001
vegetables                                                                                                                                                                               0
Fruit         &   FR         1508    Ad hoc correction of 1.01% - infringement of Regulation (EC) No 404/93 - compensatory aid for bananas EUR    3.469.655,00              3.469.655,00     1999-2002
vegetables                           marketed
 ---pagebreak---                                     30.4.2004               EN                   Official Journal of the European Union                           L 156/50
Public storage    FR         3100   Flat-rate correction of 10% - absence of a key control and 2% - shortcomings in secondary controls: rice, EUR  6.206.612,00           6.206.612,00 1999-2000
                                    skimmed milk, cereals
Arable crops      FR      1040-1062 Ad hoc correction - shortcomings in key controls on area eligible for direct payments                     EUR 27.678.616,00           27.678.616,0 1999-2001
                                                                                                                                                                                     0
                       Total FR                                                                                                                   58.164.368,00      0,00 58.164.368,0
                                                                                                                                                                                     0
Financial audit   DE       4100-015 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
Fruit         &   GR         1509   Exclusion from financing beyond the triennial programme                                                   EUR  1.140.867,35           1.140.867,35 1999-2001
vegetables
Fruit         &   GR         1512   Correction - failure to pay the minimum price to producers                                                EUR    650.549,56             650.549,56   2001
vegetables
Public storage    GR         3100   Flat-rate correction of 2% - shortcomings in controls: aid for the most deprived persons                  EUR    669.839,00             669.839,00 1998-2001
Public storage    GR         1851-  Flat-rate correction of 5% - shortcomings in key controls and late deliveries: rice                       EUR  2.510.456,73           2.510.456,73   1999-
                          1854,3100                                                                                                                                                    2001,1999
                       Total GR                                                                                                                    4.971.712,64      0,00 4.971.712,64
Public storage    IT         3100   Flat-rate correction of 2% - shortcomings in controls: rice                                               EUR  2.758.501,00           2.758.501,00 1999-2001
Rural             IT       4010-017 Correction - infringement of Regulation (EC) No 2075/2000: young farmers                                  EUR 19.058.682,00           19.058.682,0 2000-2001
development                                                                                                                                                                          0
                Total IT                                                                                                                          21.817.183,00      0,00 21.817.183,0
                                                                                                                                                                                     0
 ---pagebreak---                                 30.4.2004              EN                  Official Journal of the European Union            L 156/51
Fruit         & UK       1502   Flat-rate correction of 2% - shortcomings in key and secondary controls                  GBP    218.982,84        218.982,84   2000
vegetables
L'stock         UK       2220-  Flat-rate correction of 2% - shortcomings in controls                                    GBP  2.505.130,93      2.505.130,93 2000-2001
premiums              2221,3900
Arable crops    UK    1040-1060 Flat-rate correction of 2% - shortcomings in on-the-spot-checks                          GBP 11.484.350,00      11.484.350,0   2002
                                                                                                                                                           0
                   Total UK                                                                                                  14.208.463,77 0,00 14.208.463,7
                                                                                                                                                           7
Fruit         & NL       1502   Correction - expenditure above the flat rate of 2%                                       EUR     78.314,00         78.314,00 2001-2002
vegetables
L'stock         NL    2120-2128 Flat-rate correction of 10% - shortcomings in key controls                               EUR  1.037.614,45      1.037.614,45 2002-2003
premiums
                   Total NL                                                                                                   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