Address https://gelex.eu/eli/EU/decision/2008/321@2008-04-08/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
3. ANNEX
4. ANNEX Budget item 6701

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy, and in particular Article 7(4) thereof,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy, and in particular Article 31 thereof,

Having consulted the Committee on the Agricultural Funds,

Whereas:

(1) Under Article 7(4) of Regulation (EC) No 1258/1999, and Article 31 of Regulation (EC) No 1290/2005, the Commission is to carry out the necessary verifications, communicate to the Member States the results of these verifications, take note of the comments of the Member States, initiate a bilateral discussion so that an agreement may be reached with the Member States in question, and formally communicate its conclusions to them.

(2) The Member States have had an opportunity to request the launch of a conciliation procedure. That opportunity has been used in some cases and the report issued on the outcome has been examined by the Commission.

(3) Under Regulation (EC) No 1258/1999 and Regulation (EC) No 1290/2005, only agricultural expenditure which has been incurred in a way that has not infringed Community rules may be financed.

(4) In the light of the verifications carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil this requirement and cannot, therefore, be financed under the EAGGF Guarantee Section and the European Agricultural Guarantee Fund, hereinafter referred to as EAGF.

(5) The amounts that are not recognised as being chargeable to the EAGGF Guarantee Section and the EAGF 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 verifications 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 December 2007 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 or under the EAGF shall be excluded from Community financing because it does not comply with Community rules.

Article 2

This Decision is addressed to the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Portuguese Republic.

Done at Brussels, 8 April 2008. For the Commission Mariann Fischer Boel Member of the Commission

ANNEX

ANNEX Budget item 6701

MS Measure FY Reason for correction Type % Currency Amount Deductions already made Financial impact AT Financial audit — Overshooting 2004 Overshooting of financial ceilings one-off EUR –61104,20 0,00 –61104,20 TOTAL AT –61104,20 0,00 –61104,20 CZ Financial audit — Overshooting 2006 Overshooting of financial ceilings one-off CZK –358046,95 0,00 –358046,95 TOTAL CZ –358046,95 0,00 –358046,95 DE RD guarantee accompanying measuress 2003 Overshooting of ceilings one-off EUR –4256495,00 0,00 –4256495,00 DE Financial audit — Late payments 2006 Late payments one-off EUR –80851,39 –80851,39 0,00 TOTAL DE –4337346,39 –80851,39 –4256495,00 DK Milk powder for casein 2002 Non-respect of all requirements concerning production process one-off DKK –8915,00 0,00 –8915,00 DK Milk powder for casein 2003 Non-respect of all requirements concerning production process one-off DKK –157528,05 0,00 –157528,05 DK Milk powder for casein 2004 Non-respect of all requirements concerning production process one-off DKK –98154,15 0,00 –98154,15 TOTAL DK –264597,20 0,00 –264597,20 ES Certification 2004 Non-recovered debts one-off EUR –1882525,15 0,00 –1882525,15 ES Fruit and veg — Bananas 2004 Weaknesses (frequence and sampling) in second level quality controls flat rate 2,00 EUR –948158,64 0,00 –948158,64 ES Fruit and veg — Bananas 2005 Weaknesses (frequence and sampling) in second level quality controls flat rate 2,00 EUR –1394194,02 0,00 –1394194,02 ES Fruit and veg — Bananas 2006 Weaknesses (frequence and sampling) in second level quality controls flat rate 2,00 EUR –406510,05 0,00 –406510,05 ES Wine Distillation 2003 Weaknesses in the control of the prohibition of any vine plantations flat rate 10,00 EUR –25824435,94 0,00 –25824435,94 ES Wine Distillation 2004 Weaknesses in the control of the prohibition of any vine plantations flat rate 10,00 EUR –29124759,86 0,00 –29124759,86 TOTAL ES –59580583,66 0,00 –59580583,66 FR Fruit and veg — Bananas 2004 Non-respect of certain recognition criteria by producer organisations flat rate 5,00 EUR –780,11 –780,11 FR Fruit and veg — Bananas 2005 Non-respect of certain recognition criteria by producer organisations flat rate 5,00 EUR –4958177,57 0,00 –4958177,57 FR Fruit and veg — Bananas 2006 Non-respect of certain recognition criteria by producer organisations flat rate 5,00 EUR –2263498,77 0,00 –2263498,77 FR Fruit and veg — Bananas 2007 Non-respect of certain recognition criteria by producer organisations flat rate 5,00 EUR –3775871,38 0,00 –3775871,38 FR Public storage of sugar 2005 Ineligible quantity declared one-off EUR –535626,90 0,00 –535626,90 FR Public storage of sugar 2006 Ineligible quantity declared one-off EUR 475793,12 0,00 475793,12 FR Tobacco premiums 2004 Non-aplication of sanctions one-off EUR –9947,35 0,00 –9947,35 FR Tobacco premiums 2005 Non-aplication of sanctions one-off EUR –38983,31 0,00 –38983,31 FR Tobacco premiums 2006 Non-aplication of sanctions one-off EUR –85816,53 0,00 –85816,53 TOTAL FR –11192908,80 0,00 –11192908,80 IE Milk powder for casein 2003 Weaknesses in sampling procedure of production batches flat rate 2,00 EUR –209164,22 0,00 –209164,22 IE Milk powder for casein 2004 Weaknesses in sampling procedure of production batches flat rate 2,00 EUR –423850,43 0,00 –423850,43 IE Milk powder for casein 2005 Weaknesses in sampling procedure of production batches flat rate 2,00 EUR –131507,65 0,00 –131507,65 TOTAL IE –764522,30 0,00 –764522,30 IT Export refunds 2003 Lack of information about physical checks flat rate 5,00 EUR –30905,27 0,00 –30905,27 IT Financial audit — Late payments 2004 Late payments one-off EUR –308289,90 0,00 –308289,90 IT RD guarantee accompanying measuress 2003 Administrative checks not carried out exhaustively in breach of Article 68 of Regulation (EC) No 817/2004; on-the-spot checks not satisfactory flat rate 5,00 EUR –428284,00 0,00 –428284,00 IT RD guarantee accompanying measuress 2003 On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 flat rate 5,00 EUR –2985884,00 0,00 –2985884,00 IT RD guarantee accompanying measuress 2004 Administrative checks not carried out exhaustively in breach of Article 68 of Regulation (EC) No 817/2004; on-the-spot checks not satisfactory flat rate 5,00 EUR –754180,00 0,00 –754180,00 IT RD guarantee accompanying measuress 2004 On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 flat rate 5,00 EUR –32396,00 0,00 –32396,00 IT RD guarantee accompanying measuress 2005 On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 flat rate 5,00 EUR –54645,00 0,00 –54645,00 IT RD guarantee accompanying measuress 2006 On-the-spot checks carried out too late in breach of Article 61 of Regulation (EC) No 445/2002 flat rate 5,00 EUR –58709,00 0,00 –58709,00 TOTAL IT –4653293,17 0,00 –4653293,17 LU Financial audit — Late payments 2006 Late payments one-off EUR 0,00 –14516,49 14516,49 LU Financial audit — Overshooting 2006 Overshooting of financial ceilings one-off EUR –1107241,81 –1107241,81 0,00 LU RD guarantee accompanying measuress 2004 Weaknesses in the main and secondary controls flat rate 5,00 EUR –484845,00 0,00 –484845,00 LU RD guarantee accompanying measuress 2005 Weaknesses in the main and secondary controls flat rate 5,00 EUR –479643,00 0,00 –479643,00 TOTAL LU –2071729,81 –1121758,30 –949971,51 NL Financial audit — Overshooting 2005 Overshooting of financial ceilings one-off EUR –7905,99 0,00 –7905,99 TOTAL NL –7905,99 0,00 –7905,99 PT Financial audit — Overshooting 2006 Overshooting of financial ceilings one-off EUR –271398,38 0,00 –271398,38 TOTAL PT –271398,38 0,00 –271398,38

Versions

1. 2008-04-08

Cited by

• Action brought on 17 June 2008 — Luxembourg v Commission Notice · Grade B

  The applicant seeks the annulment of Commission Decision 2008/321/EC of 8 April 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) in so far as is excludes certain expenditure incurred by Luxembourg for the years 2004-2005. As regards the planning of on-the-spot checks of recipients, the applicant submits that the Commission wrongly complained that it had carried out the majority of the checks in the same p

• Judgment of the General Court of 15 December 2011 — Luxembourg v Commission (Case T-232/08) Notice · Grade B

  EAGGFGuarantee SectionExpenses excluded from Community financingRural development measuresLess favoured areas and agroenvironmentNational systems for management, monitoring and sanctionsFlat-rate financial correction2012/C 32/32Language of the case: French Applicant: Grand Duchy of Luxembourg (represented by: F. Probst, Agent, assisted by M. Theisen and K. Spitz, lawyers) Defendant: European Commission (represented by: initially T. van Rijn, subsequently F. Clotuche-Duvieusart and F. Jimeno Fernández, Agents) Application for partial annulment of Commission Decision 2008/321/EC of 8 April 2008

• Action brought on 9 June 2008 — Spain v Commission Notice · Grade B

  annul Commission Decision 2008/321/EC of 8 April 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF), in so far as it includes corrections which affect the Kingdom of Spain, deriving from two investigations concerning potential for vine production (VT/VI/2002/14 and VT/VI/2006/09), totalling EUR 54949195,80, as a result of the application of a correction at a flat rate of 10 % of all the expenditure declared

• Judgment of the General Court of 31 January 2012 — Spain v Commission (Case T-206/08) Notice · Grade B

  EAGGFGuarantee sectionExpenditure excluded from Community financingWine sectorProhibition on new vine plantationsNational monitoring systemsLump-sum financial correctionProcedural guaranteesError of assessmentProportionality2012/C 73/49Language of the case: Spanish Applicant: Kingdom of Spain (represented initially by: F. Díez Moreno, and subsequently by: M. Muñoz Pérez, acting as Agents) Defendant: European Commission (represented by: F. Jimeno Fernández, acting as Agent) Application for annulment in part of Commission Decision 2008/321/EC of 8 April 2008 excluding from Community financing ce