natgillin/translations-raw huggingface dataset:
During 2003, the Commission updated the cumulative recovery rate as at the end of 2002 at 20,2 % of the global financial impact of cases detected after payment (effectively recovered by the Member States). 
During 2003, the Commission updated the cumulative recovery rate as at the end of 2002 at 20,2 % of the global financial impact of cases detected after payment (effectively recovered by the Member States).
Through the clearance-of-accounts procedure, a further EUR 144 million (4,8 %) has been charged to the Member States and EUR 153 million (5,1 %) to the EAGGF budget (see paragraph 4). 
Through the clearance-of-accounts procedure, a further EUR 144 million (4,8 %) has been charged to the Member States and EUR 153 million (5,1 %) to the EAGGF budget (see paragraph 4).
The Commission agrees that the recovery rate is low but this assessment can be explained by the fact that, in matters of shared management, recovery procedures are not uniform nor harmonised in Member States and this is an unexpected effect of the assimilation principle posed by Article 280 of the Treaty which jeopardises the uniformity of implementation of Community legislation because recovery of Community monies follows the national rules. 
The Commission agrees that the recovery rate is low but this assessment can be explained by the fact that, in matters of shared management, recovery procedures are not uniform nor harmonised in Member States and this is an unexpected effect of the assimilation principle posed by Article 280 of the Treaty which jeopardises the uniformity of implementation of Community legislation because recovery of Community monies follows the national rules.
However, the Commission has undertaken to bring forward proposals to modify Regulation (EC) No 1258/1999 and Regulation (EEC) No 595/91 in order to improve the weaknesses of the actual situation (see paragraph 39). (a) In the absence of total recovery, the financial consequences of the irregularities shall be borne by the Member State in the event of irregularities or negligence attributable to administrative authorities or other bodies of the Member States. 
However, the Commission has undertaken to bring forward proposals to modify Regulation (EC) No 1258/1999 and Regulation (EEC) No 595/91 in order to improve the weaknesses of the actual situation (see paragraph 39). (a) In the absence of total recovery, the financial consequences of the irregularities shall be borne by the Member State in the event of irregularities or negligence attributable to administrative authorities or other bodies of the Member States.
In other cases the burden shall be borne by the Community budget. 
In other cases the burden shall be borne by the Community budget.
The case which the Court refers to was notified on 29 May 1991 and updated in 1997. 
The case which the Court refers to was notified on 29 May 1991 and updated in 1997.
The Commission wishes to point out that this case was not included in the TFR audit selection on account of the wrong amount reported in ECR. (b) The objective of the amendment of Regulation (EC) No 1258/1999 and Regulation (EEC) No 595/91 is, inter alia, to address the shortcomings pointed out by the Court by making Member Sates more responsible and by providing ex post controls in the clearance-of-accounts framework. (c) According to Article 280(2) of the EC Treaty ‘Member States shall take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests’. 
The Commission wishes to point out that this case was not included in the TFR audit selection on account of the wrong amount reported in ECR. (b) The objective of the amendment of Regulation (EC) No 1258/1999 and Regulation (EEC) No 595/91 is, inter alia, to address the shortcomings pointed out by the Court by making Member Sates more responsible and by providing ex post controls in the clearance-of-accounts framework. (c) According to Article 280(2) of the EC Treaty ÔMember States shall take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interestsŐ.
There is a 32.(b) and (c) closed. 
There is a 32.(b) and (c) closed.
A large number of the cases were already 36. 
A large number of the cases were already 36.
In the absence of total recovery, the financial consequences of the irregularities shall be borne by the Member State in the event of irregularities or negligence attributable to administrative authorities or other bodies of the Member States. 
In the absence of total recovery, the financial consequences of the irregularities shall be borne by the Member State in the event of irregularities or negligence attributable to administrative authorities or other bodies of the Member States.
The Commission has defined as early as 1996 the following guideline (1) that the recovery procedure should be launched as soon as possible after the irregularity had been detected and should be completed within four years after the date of the first communication of fraud or irregularity. 
The Commission has defined as early as 1996 the following guideline (1) that the recovery procedure should be launched as soon as possible after the irregularity had been detected and should be completed within four years after the date of the first communication of fraud or irregularity.
In the opposite case, the Member State may be required to show that there was no negligence. 
In the opposite case, the Member State may be required to show that there was no negligence.
The four-year period is extended to eight years in case of judicial procedures, on the condition that the Commission is fully informed of the recovery procedure. 
The four-year period is extended to eight years in case of judicial procedures, on the condition that the Commission is fully informed of the recovery procedure.
The Commission has identified a certain number of problems in this context. 
The Commission has identified a certain number of problems in this context.
In its Communication COM(202) 671 final of 3 December 2002, the Commission recommended the initia-tion of corrective measures, namely: — setting up of the Task Force Recovery to speed up the treatment of the backlog, — modifying Regulation (EC) No 1258/1999 and therefore Regulation (EEC) No 595/91 to prevent new backlogs in the future. 
In its Communication COM(202) 671 final of 3 December 2002, the Commission recommended the initiation of corrective measures, namely: Ń setting up of the Task Force Recovery to speed up the treatment of the backlog, Ń modifying Regulation (EC) No 1258/1999 and therefore Regulation (EEC) No 595/91 to prevent new backlogs in the future.
Such provisions on writing off irrecoverable Community entitlements should provide the regulatory basis to carry out this (1) Document VI/5330/97. 
Such provisions on writing off irrecoverable Community entitlements should provide the regulatory basis to carry out this (1) Document VI/5330/97.
4.11.2004 CS Úřední věstník Evropské unie C 269/23 (d) (f) constant case law of the ECJ which stipulates that the rules applicable in cases where there are violations to Community law cannot be less favourable than the rules prevailing in cases where there are violations to national law. 
4.11.2004 EN Official Journal of the European Union C 269/23 (d) (f) constant case law of the ECJ which stipulates that the rules applicable in cases where there are violations to Community law cannot be less favourable than the rules prevailing in cases where there are violations to national law.
However this does not amount to confering a preferential status on CAP debts. 
However this does not amount to conferring a preferential status on CAP debts.
As regards the outcome of the combined UCLAF/German 1992 investigation, this case will be dealt with in the clearance-of-accounts procedure. 
As regards the outcome of the combined UCLAF/German 1992 investigation, this case will be dealt with in the clearance-of-accounts procedure.
According to Regulation (EC) No 1258/1999 the Commission is legally obliged to exclude all expenditure from Community financing where that expenditure has not been executed in compliance with Community rules. 
According to Regulation (EC) No 1258/1999 the Commission is legally obliged to exclude all expenditure from Community financing where that expenditure has not been executed in compliance with Community rules.
Accep-ting transactions or partial payments are conditions to be assessed on a case-by-case approach on the basis of national law and in conjunction with the criteria as laid down in Article 8 of Regulation (EC) No 1258/1999. been conducted with all the diligence required, the amounts in question are charged to defaulting Member States. — the recovery procedure must be started as soon as possible after the irregularity has been detected and should be completed within four years of the fraud or irregularity first being reported. 
Accepting transactions or partial payments are conditions to be assessed on a case-by-case approach on the basis of national law and in conjunction with the criteria as laid down in Article 8 of Regulation (EC) No 1258/1999. Ń the recovery procedure must be started as soon as possible after the irregularity has been detected and should be completed within four years of the fraud or irregularity first being reported. If not, the Member State must show there has been no negligence.
If not, the Member State must show there has been no negligence. — the treatment of individual cases must be discussed in detail with all the Member States concerned. 
Ń the treatment of individual cases must be discussed in detail with all the Member States concerned.
As regards the procedural criteria, the questions to be answered are: — Has the recovery procedure started? 
As regards the procedural criteria, the questions to be answered are: Ń Has the recovery procedure started?
Can it be completed within a reasonable period? — Has the recovery procedure not been completed for reasons of force majeure or for other compelling reasons? — Was recovery not initiated because of the negligence of the Member State or its failure to take action? 
Can it be completed within a reasonable period? Ń Has the recovery procedure not been completed for reasons of force majeure or for other compelling reasons? Ń Was recovery not initiated because of the negligence of the Member State or its failure to take action?
Since the creation of the Task Force Recovery, the Commission services have refined the criteria and have drawn up a list of criteria upon which all files are audited in order to have a decision on whether the amounts at stake are charged to the Community budget or to the Member State. 
Since the creation of the Task Force Recovery, the Commission services have refined the criteria and have drawn up a list of criteria upon which all files are audited in order to have a decision on whether the amounts at stake are charged to the Community budget or to the Member State.
This audit concerns all outstanding files up to 31 December 1998. 
This audit concerns all outstanding files up to 31 December 1998.
There is no link between the financial corrections based on a system analysis and the individual cases of fraud for which amounts have not yet been recovered. 
There is no link between the financial corrections based on a system analysis and the individual cases of fraud for which amounts have not yet been recovered.
Article 8(2) of Regulation (EC) No 1258/1999 and Article 5(2) of Regulation (EEC) No 595/91 provide clear procedural rules to be followed for the treatment of specific cases of fraud and irregularities. 
Article 8(2) of Regulation (EC) No 1258/1999 and Article 5(2) of Regulation (EEC) No 595/91 provide clear procedural rules to be followed for the treatment of specific cases of fraud and irregularities.
As the Court mentioned it in an earlier report (1), the Commission undertook in 1999 a review of all the pre-1995 cases still pending in order to take a decision on whether to charge them to the Community or to the Member States. 
As the Court mentioned it in an earlier report (1), the Commission undertook in 1999 a review of all the pre-1995 cases still pending in order to take a decision on whether to charge them to the Community or to the Member States.
The exercise was limited to six Member States (2), on account of the poor quality of the available data and also taking into consideration the limited human resources available. 
The exercise was limited to six Member States (2), on account of the poor quality of the available data and also taking into consideration the limited human resources available.
Following the Commission decision mentioned by the Court, all cases involved were updated in the ECR database. 
Following the Commission decision mentioned by the Court, all cases involved were updated in the ECR database.
This now contains the number of the Commission Decision, the authority who should bear the loss and the amounts involved. 
This now contains the number of the Commission Decision, the authority who should bear the loss and the amounts involved.
(1) Special Report No 22/2000 on evaluation of the reformed clearance-of-accounts procedure (OJ C 69, 2.3.2001). 
(1) Special Report No 22/2000 on evaluation of the reformed clearance-of-accounts procedure (OJ C 69, 2.3.2001).
(2) Belgium, Greece, Spain, Ireland, the Netherlands, Portugal. 
(2) Belgium, Greece, Spain, Ireland, the Netherlands, Portugal.
42. posals to modify Regulation (EC) No 1258/1999 and Regulation (EEC) No 595/91, inter alia, to address the shortcomings pointed out by the Court by making Member States more responsible and by providing ex post controls in the clearance-of-accounts framework. 
42. posals to modify Regulation (EC) No 1258/1999 and Regulation (EEC) No 595/91, inter alia, to address the shortcomings pointed out by the Court by making Member States more responsible and by providing ex post controls in the clearance-of-accounts framework.
During 2003, the Commission has updated the figures on amounts written off as at the end of 2002. 
During 2003, the Commission has updated the figures on amounts written off as at the end of 2002.
The updated figures are: — charged to Member States: EUR 144 million, — charged to EAGGF: EUR 153 million. 
The updated figures are: Ń charged to Member States: EUR 144 million, Ń charged to EAGGF: EUR 153 million.
The Commission shares the concern of the Court about the management and recovery of EAGGF debt. 
The Commission shares the concern of the Court about the management and recovery of EAGGF debt.
It points to the efforts made through the reform of the clearance of accounts in 1996 together with the developments discussed in paragraphs 39 and 41 of the replies. 
It points to the efforts made through the reform of the clearance of accounts in 1996 together with the developments discussed in paragraphs 39 and 41 of the replies.
These cases will be dealt with in the clearance-of-accounts procedure. 
These cases will be dealt with in the clearance-of-accounts procedure.
The Commission has applied four guiding principles and a number of procedural criteria documented in July 2002. 
The Commission has applied four guiding principles and a number of procedural criteria documented in July 2002.
As regards the guiding principles: — if the whole amount cannot be recovered for objective reasons and the Member State has done all it can to recover the amount on time without displaying any negligence, the unre-covered amounts are charged to the Community budget. — in all other cases, where the irregularity is attributed to the Member State or where the recovery procedures have not The Commission has undertaken to bring forward pro- 
As regards the guiding principles: Ń if the whole amount cannot be recovered for objective reasons and the Member State has done all it can to recover the amount on time without displaying any negligence, the unrecovered amounts are charged to the Community budget. Ń in all other cases, where the irregularity is attributed to the Member State or where the recovery procedures have not been conducted with all the diligence required, the amounts in question are charged to defaulting Member States. The Commission has undertaken to bring forward pro-
C 269/24 CS Úřední věstník Evropské unie 4.11.2004 The distribution of the costs of writes off between the Commu-nitiy budget and Member States budget in the June 2003 decision should not be taken as a precedent for future decisions. 
C 269/24 EN Official Journal of the European Union 4.11.2004 The distribution of the costs of writes off between the Commu-nitiy budget and Member States budget in the June 2003 decision should not be taken as a precedent for future decisions.
In respect of Italy, which appeared to be the largest debtor, due to the large number of Italian cases and the poor cooperation of the Member State, it was decided in 1999 to concentrate on the cases of other Member States and to postpone the scrutiny of Italian files. 
In respect of Italy, which appeared to be the largest debtor, due to the large number of Italian cases and the poor cooperation of the Member State, it was decided in 1999 to concentrate on the cases of other Member States and to postpone the scrutiny of Italian files.
The Commission set up a Task Force Recovery in 2003 in order to clear all the pending irregularity cases prior to 1999. 
The Commission set up a Task Force Recovery in 2003 in order to clear all the pending irregularity cases prior to 1999.
In the framework of the audits carried out by the Task Force Recovery throughout 2003, the remaining pre-1995 files above a given threshold (EUR 500 000) were examined for nine Member States (1). 
In the framework of the audits carried out by the Task Force Recovery throughout 2003, the remaining pre-1995 files above a given threshold (EUR 500 000) were examined for nine Member States (1).
In total, 443 cases were examined in the course of this audit, among which them 343 cases for Italy. 
In total, 443 cases were examined in the course of this audit, among them 343 cases for Italy.
The related clearance-of-accounts procedure for the bulk of examined files is ongoing. year 2003 the first basic analyses on the basis of the data of ECR database have been presented to Member States in the framework of the Working Group ‘Irregularities and Mutual Assistance – Agricultural Products’. 
In the (1) Belgium, Germany, Greece, France, Italy, Netherlands, Spain, Portugal, United Kingdom. year 2003 the first basic analyses on the basis of the data of ECR database have been presented to Member States in the framework of the Working Group ÔIrregularities and Mutual Assistance Ń Agricultural ProductsŐ.
The developments discussed in paragraphs 39 and 41 of the replies should facilitate and speed up the recovery process. 
The developments discussed in paragraphs 39 and 41 of the replies should facilitate and speed up the recovery process.
The Commission endorses the Court’s statement on the weaknesses of the ECR system and has performed some analyses in which the use and the frequency of codes were examined. 
The Commission endorses the CourtŐs statement on the weaknesses of the ECR system and has performed some analyses in which the use and the frequency of codes were examined.
The Commission has started a discussion with the Member States on the simplification of the reporting system. 
The Commission has started a discussion with the Member States on the simplification of the reporting system.
The Commission has asked Member States to update these cases the during Article 280 Working Group meeting of 12 March 2003 and Working Group ‘Irregularities and Mutual Assistance – Agricultural Products’ of 11 March 2003 (see paragraph 25). 
The Commission has asked Member States to update these cases during the Article 280 Working Group meeting of 12 March 2003 and Working Group ÔIrregularities and Mutual Assistance Ń Agricultural ProductsŐ of 11 March 2003 (see paragraph 25).
The Commission uses the data for operational and recovery follow-up purposes as well as strategic intelligence purposes. 
The Commission uses the data for operational and recovery follow-up purposes as well as strategic intelligence purposes.
This is however done by analysts of OLAF itself, therefore no direct link between the ECR module and (other) users can be found. 
This is however done by analysts of OLAF itself, therefore no direct link between the ECR module and (other) users can be found.
Most of the time, data is prepared by OLAF staff on request of other users inside the Community services or outside in Member States such as Austria and Germany, which are using the data to prepare Regulation (EEC) No 4045/89 controls. 
Most of the time, data is prepared by OLAF staff on request of other users inside the Community services or outside in Member States such as Austria and Germany, which are using the data to prepare Regulation (EEC) No 4045/89 controls.
The Commission services have presented figures and analyses of the ECR modules in several meetings with the Member States. 
The Commission services have presented figures and analyses of the ECR modules in several meetings with the Member States.
The competent authorities of Member States are faced with some delicate legal interpretation of questions and this not-withstanding the guidance provided by the Commission for a uniform interpretation of the black list tool. 
The competent authorities of Member States are faced with some delicate legal interpretation of questions and this notwithstanding the guidance provided by the Commission for a uniform interpretation of the black list tool.
Among the difficulties put forward by Member States are: — the concept of ‘serious negligence’ is a legal concept unknown in certain Member States in civil law, having in some Member States more affinity with the criminal process, — the absence of an explicit clause which regulates liability in the case of a consortium or associated operators, — the risk of having to pay for damages for a blacklisting that was ultimately overturned, which could have serious financial consequences for the Member State involved. 
Among the difficulties put forward by Member States are: Ń the concept of Ôserious negligenceŐ is a legal concept unknown in certain Member States in civil law, having in some Member States more affinity with the criminal process, Ń the absence of an explicit clause which regulates liability in the case of a consortium or associated operators, Ń the risk of having to pay for damages for a blacklisting that was ultimately overturned, which could have serious financial consequences for the Member State involved.
4.11.2004 CS Úřední věstník Evropské unie C 269/25 66. and 67. 
4.11.2004 EN Official Journal of the European Union C 269/25 66. and 67.
Certifying Bodies have been provided with detailed instructions in the framework of an ad hoc expert meeting in 2002 focused on the checks to be made with Table 105. 
Certifying Bodies have been provided with detailed instructions in the framework of an ad hoc expert meeting in 2002 focused on the checks to be made with Table 105.
Table 105 aims at: — overseeing and control of amounts of liabilities held by Member States, — reflection on the level of liabilities, — a tentative reconciliation of the data of Table 105 and the Paying Agencies’ debtors’ ledgers, and Table 104 with the ECR data base managed by OLAF. 
Table 105 aims at: Ń overseeing and control of amounts of liabilities held by Member States, Ń reflection on the level of liabilities, Ń a tentative reconciliation of the data of Table 105 and the Paying AgenciesŐ debtorsŐ ledgers, and Table 104 with the ECR data base managed by OLAF.
The Commission services are giving increased attention to this question through a scrutiny of the annual reports of the Certification Bodies. 
The Commission services are giving increased attention to this question through a scrutiny of the annual reports of the Certification Bodies.