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Commission Decision of 14 December 2006 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(2006) 5993) (Only the Spanish, German, Greek, French, Dutch, Portuguese, Finnish and Swedish texts are authentic) (2006/932/EC)

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Commission Decision

of 14 December 2006

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(2006) 5993)

(Only the Spanish, German, Greek, French, Dutch, Portuguese, Finnish and Swedish texts are authentic)

(2006/932/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 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 May 1999 on the financing of the common agricultural policy(2), 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 Section(3) 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 with a view to reaching agreement with the Member States concerned and then formally communicate its conclusions to them, 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).

(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, granted and undertaken respectively 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 24 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 15 October 2006 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 Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic and the Republic of Finland.

Done at Brussels, 14 December 2006.

For the Commission

Mariann Fischer Boel

Member of the Commission

ANNEX

Total corrections — Budget item 6701

MSMeasureFYReasonType%CurrencyAmountDeductions already madeFinancial impact
DEFinancial audit — Late payments2004Failure to meet payment deadlinesone-offEUR-150 191,69-150 191,690,0
DEFinancial audit — Clearance of accounts2002Clearance of EAGGF Guarantee accounts for financial year 2002one-offEUR-861 269,60,0-861 269,6
DEFinancial audit — Overshooting2003Overshooting of the financial ceilingsone-offEUR-3 963,370,0-3 963,37
Total DE-1 015 424,66-150 191,69-865 232,97
ESFruit and Veg's — Fig & Prune Processing2003Failure to meet payment deadlinesone-offEUR-153 697,960,0-153 697,96
ESFruit and Veg's — Peach & Pear Processing2003Failure to meet payment deadlinesone-offEUR-671 734,80,0-671 734,8
ESFruit and Veg's — Tomato Processing2003Failure to meet payment deadlinesone-offEUR-131 420,250,0-131 420,25
ESFruit and Veg's — Withdrawals2001Control does not cover the final use of distributed productflat-rate5 %EUR-33 757,940,0-33 757,94
ESFruit and Veg's — Withdrawals2001Failure to meet environmental conditionsone-offEUR-2 858 447,880,0-2 858 447,88
ESFruit and Veg's — Withdrawals2001Unsatisfactory quality of controls carried out on withdrawn productflat-rate5 %EUR-19 254,890,0-19 254,89
ESFruit and Veg's — Withdrawals2002Control does not cover the final use of distributed productflat-rate5 %EUR-29 729,380,0-29 729,38
ESFruit and Veg's — Withdrawals2002Failure to meet environmental conditionsone-offEUR-4 357 238,890,0-4 357 238,89
ESFruit and Veg's — Withdrawals2002Unsatisfactory quality of controls carried out on withdrawn productflat-rate5 %EUR-206 215,940,0-206 215,94
ESFruit and Veg's — Withdrawals2003Control does not cover the final use of distributed productflat-rate5 %EUR-37 920,180,0-37 920,18
ESFruit and Veg's — Withdrawals2003Failure to meet environmental conditionsone-offEUR-3 679 878,760,0-3 679 878,76
ESFruit and Veg's — Withdrawals2003Unsatisfactory quality of controls carried out on withdrawn productflat-rate5 %EUR-82 025,340,0-82 025,34
Total ES-12 261 322,210,0-12 261 322,21
FIArable Crops2003Undue application of a tolerance for administrative cross-checks, shortcoming in controls on eligibility criteriaone-offEUR-132 222,760,0-132 222,76
FIArable Crops2004Undue application of a tolerance for administrative cross-checks, shortcoming in controls on eligibility criteriaone-offEUR-146 393,430,0-146 393,43
FIArable Crops2005Undue application of a tolerance for administrative cross-checks, shortcoming in controls on eligibility criteriaone-offEUR-131 999,210,0-131 999,21
FIButterfats in Food Processing2002Reimbursement following erroneous calculation of financial correction (Commission Decision 2006/334/EC)flat-rate5 %EUR15 073,270,015 073,27
Total FI-395 542,130,0-395 542,13
FRFinancial audit — Late payments2004Failure to meet payment deadlinesone-offEUR-9 219 078,83-9 219 078,830,0
FRFinancial audit — Overshooting2003Overshooting of the financial ceilingsone-offEUR-27 441,6-27 441,60,0
FRFruit and Veg's — Fig & Prune Processing2003Weaknesses in controls on producer organisations and processorsflat-rate5 %EUR-1 631 436,970,0-1 631 436,97
FRFruit and Veg's — Fig & Prune Processing2004Weaknesses in controls on producer organisations and processorsflat-rate5 %EUR-2 363 125,840,0-2 363 125,84
FRFruit and Veg's — Withdrawals2002Weaknesses in quality controlsflat-rate10 %EUR-553 591,970,0-553 591,97
FRFruit and Veg's — Withdrawals2002Non-eligible paymentsone-offEUR-390 167,120,0-390 167,12
FRFruit and Veg's — Withdrawals2003Weaknesses in quality controlsflat-rate10 %EUR-467 514,070,0-467 514,07
FRFruit and Veg's — Withdrawals2003Non-eligible paymentsone-offEUR-329 251,70,0-329 251,7
FRFruit and Veg's — Withdrawals2004Weaknesses in quality controlsflat-rate10 %EUR-73 418,080,0-73 418,08
FRFruit and Veg's — Withdrawals2004Non-eligible paymentsone-offEUR-51 662,440,0-51 662,44
Total FR-15 106 688,62-9 246 520,43-5 860 168,19
GRCotton1999Shortcomings in controls of areas sown and failure to ensure compatibility with IACSflat-rate2 %EUR-13 809 328,470,0-13 809 328,47
GRCotton2000Shortcomings in controls of areas sown and failure to ensure compatibility with IACSflat-rate2 %EUR-12 772 949,940,0-12 772 949,94
GRCotton2001Shortcomings in controls of areas sown and failure to ensure compatibility with IACSflat-rate2 %EUR-10 861 691,990,0-10 861 691,99
GRCotton2002Shortcomings in controls of areas sown and failure to ensure compatibility with IACSflat-rate2 %EUR-9 386,270,0-9 386,27
GRFinancial audit — Late payments2003Failure to meet payment deadlinesone-offEUR-8 585 958,6-11 332 816,072 746 857,47
GRFruit and Veg's — Processed dried grape products (other measures)2000Overestimated area, lack of geographical location for parcel identification, unsatisfactory control of harvested grape destinationflat-rate10 %EUR-10 463 301,270,0-10 463 301,27
GRFruit and Veg's — Processed dried grape products (other measures)2001Overestimated area, lack of geographical location for parcel identification, unsatisfactory control of harvested grape destinationflat-rate10 %EUR-10 211 803,930,0-10 211 803,93
GRFruit and Veg's — Processed dried grape products (other measures)2002Overestimated area, lack of geographical location for parcel identification, unsatisfactory control of harvested grape destinationflat-rate10 %EUR-10 238 190,170,0-10 238 190,17
GRFruit and Veg's — Citrus Processing2002Weaknesses in accounting controls on producer organisations and processorsflat-rate5 %EUR-1 600 595,970,0-1 600 595,97
GRFruit and Veg's — Citrus Processing2003Weaknesses in accounting controls on producer organisations and processorsflat-rate5 %EUR-1 901 064,330,0-1 901 064,33
GRFruit and Veg's — Citrus Processing2004Weaknesses in accounting controls on producer organisations and processorsflat-rate5 %EUR-66 532,290,0-66 532,29
GROlive Oil — Production aid2001Computer files are not operational, crop declarations controls are ineffectiveflat-rate5 %EUR-3 149 196,050,0-3 149 196,05
GROlive Oil — Production aid2001Computer files are not operational, crop declarations controls are ineffectiveflat-rate10 %EUR-51 690 441,260,0-51 690 441,26
GROlive Oil — Production aid2002Computer files are not operational, crop declarations controls are ineffectiveflat-rate5 %EUR777,640,0777,64
GROlive Oil — Production aid2002Computer files are not operational, crop declarations controls are ineffectiveflat-rate10 %EUR-55 525 481,370,0-55 525 481,37
GROlive Oil — Production aid2003Computer files are not operational, crop declarations controls are ineffectiveflat-rate10 %EUR-52 364 617,950,0-52 364 617,95
GROlive Oil — Production aid2004Computer files are not operational, crop declarations controls are ineffectiveflat-rate10 %EUR-979 495,250,0-979 495,25
Total GR-244 229 257,47-11 332 816,07-232 896 441,4
LUFinancial audit — Overshooting2003Overshooting of the financial ceilingsone-offEUR-42 350,66-42 350,660,0
Total LU-42 350,66-42 350,660,0
NLFinancial audit — Late payments2004Failure to meet payment deadlinesone-offEUR-313 633,9-313 633,90,0
NLRD Guarantee new measures2002Ineligible expenditure claimed under the Guarantee Section of the EAGGFone-offEUR-5 670 000,00,0-5 670 000,0
NLRD Guarantee new measures2003Expenditure approved under the Guidance Section, but claimed under the Guarantee Section of the EAGGFone-offEUR-578 520,00,0-578 520,0
NLRD Guarantee new measures2004Expenditure approved under the Guidance Section, but claimed under the Guarantee Section of the EAGGFone-offEUR-444 629,0-5 599,0-439 030,0
Total NL-7 006 782,9-319 232,9-6 687 550,0
PTArable Crops2003Inadequate verification of the eligibility of claims paid for durum wheatflat-rate5 %EUR-1 962 129,00,0-1 962 129,0
PTArable Crops2004Inadequate verification of the eligibility of claims paid for durum wheatflat-rate5 %EUR-1 983 698,00,0-1 983 698,0
PTFinancial audit — Late payments2004Failure to meet payment deadlinesone-offEUR-855 539,34-884 529,1128 989,77
PTFruit and Veg's — Operational Funds2003Failure to meet deadlinesone-offEUR-293,030,0-293,03
PTFruit and Veg's — Peach & Pear Processing2003Failure to meet payment deadlinesone-offEUR-2 541,180,0-2 541,18
PTFruit and Veg's — Tomato Processing2003Failure to meet payment deadlinesone-offEUR-582 983,670,0-582 983,67
Total PT-5 387 184,22-884 529,11-4 502 655,11
(1)

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).

(3)

OJ L 158, 8.7.1995, p. 6. Regulation as last amended by Regulation (EC) No 465/2005 (OJ L 77, 23.3.2005, p. 6).

(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).

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