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Commission Decision of 24 September 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2009) 7044) (Only the Czech, Dutch, English, Finnish, French, German, Greek, Hungarian, Italian, Lithuanian, Maltese, Polish, Portuguese, Slovenian and Spanish texts are authentic) (2009/721/EC)

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Contents
  1. Preamble
    1. Article 1
    2. Article 2
  3. ANNEX
  4. ANNEX BUDGET ITEM 6701 BUDGET ITEM 6711

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, the European Agricultural Guarantee Fund, hereinafter referred to as EAGF, and under the European Agricultural Fund for Rural Development, hereinafter referred to as EAFRD.

(5) The amounts that are not recognised as being chargeable to the EAGGF Guarantee Section, the EAGF and the EAFRD 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 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 6 January 2009 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, under the EAGF or under the EAFRD 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 Czech Republic, the Federal Republic of Germany, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 24 September 2009. For the Commission Mariann Fischer Boel Member of the Commission

ANNEX

ANNEX BUDGET ITEM 6701 BUDGET ITEM 6711

MS Measure FY Reason for correction Type % Currency Amount Deductions already made Financial impact AT Cross-compliance 2006-2007 Deficiencies concerning the system of application of reductions. Non-respect of Article 47 of Regulation (EC) No 796/2004 for cattle and sheep holders flat-rate 5 EUR –981349,96 0,00 –981349,96 AT Cross-compliance 2007 Non-respect of Article 47 of Regulation (EC) No 796/2004 for farmers with bovine and/or sheep and goats one-off EUR –530810,86 0,00 –530810,86 Total AT –1512160,82 0,00 –1512160,82 BE Certification 2004 Extrapolation of random error one-off EUR –98303,45 0,00 –98303,45 BE Certification 2005 Extrapolation of random error one-off EUR –260740,00 0,00 –260740,00 Total BE –359043,45 0,00 –359043,45 CZ Milk powder for casein 2004 Wrong timing of samples taking and inappropriate product storage flat-rate 5 CZK –2653522,92 0,00 –2653522,92 CZ Milk powder for casein 2005 Wrong timing of samples taking and inappropriate product storage flat-rate 5 CZK –2723245,64 0,00 –2723245,64 Total CZ –5376768,56 0,00 –5376768,56 DE Cross-compliance 2006 Non-respect of Article 47 of Regulation (EC) No 796/2004 one-off EUR –82051,60 0,00 –82051,60 DE Financial audit — Late payments 2007 Non-respect of payment deadlines one-off EUR –65908,59 –65908,59 0,00 DE Financial audit — Overshooting 2007 Overshooting of rural development allocations and correction due to clearance decisions one-off EUR –1286683,79 –1286683,79 0,00 DE Irregularities 2008 Reimbursement concerning irregularity cases one-off EUR 104567,45 0,00 104,567.45 DE Rural Development EAGGF Axis 2 (2000-2006, area related measures) 2006 Absence of cross-checks with central livestock databank in case of applications for agri-environmental measures with livestock density limitation as an eligibility condition flat-rate 5 EUR –418300,00 0,00 –418300,00 Total DE –1748376,53 –1352592,38 –395784,15 ES Meat premiums — Ewe and goats 2003 Absence of on-the-spot-checks during first month of retention and their general poor quality flat-rate 2 EUR –2071611,91 0,00 –2071611,91 ES Meat premiums — Ewe and goats 2004 Absence of on-the-spot-checks during first month of retention and their general poor quality flat-rate 2 EUR –2021847,48 0,00 –2021847,48 ES Meat premiums — Ewe and goats 2005 Absence of on-the-spot-checks during first month of retention and their general poor quality flat-rate 2 EUR –2008918,46 0,00 –2008918,46 ES Meat premiums — Ewe and goats 2006 Absence of on-the-spot-checks during first month of retention and their general poor quality flat-rate 2 EUR –1512,05 0,00 –1512,05 ES Olive oil — Production aid 2003 Weaknesses in key and ancillary controls in Andalusia flat-rate 2 EUR –15571890,92 0,00 –15571890,92 ES Olive oil — Production aid 2003 Weaknesses in key and ancillary controls flat-rate 5 EUR –7493167,92 0,00 –7493167,92 ES Olive oil — Production aid 2003 Wrong calculation of sanctions as a result of inappropriate application of technical tolerance margins in Andalusia one-off EUR –7804696,43 0,00 –7804696,43 ES Olive oil — Production aid 2004 Weaknesses in key and ancillary controls in Andalusia flat-rate 2 EUR –470563,99 0,00 –470563,99 ES Olive oil — Production aid 2004 Weaknesses in key and ancillary controls flat-rate 5 EUR –120076,26 0,00 –120076,26 ES Olive oil — Production aid 2005 Weaknesses in key and ancillary controls in Andalusia flat-rate 2 EUR –127706,94 0,00 –127706,94 ES Olive oil — Production aid 2005 Weaknesses in key and ancillary controls flat-rate 5 EUR –35516,52 0,00 –35516,52 ES Olive oil — Production aid 2006 Weaknesses in key and ancillary controls in Andalusia flat-rate 2 EUR –102574,75 0,00 –102574,75 ES Olive oil — Production aid 2006 Weaknesses in key and ancillary controls flat-rate 5 EUR –14813,23 0,00 –14813,23 ES Olive oil — Production refund on olive oil for preserved food 2003 Insufficient control instructions and supervision run by Galician paying agency resulting in inappropriate quality and quantity of controls flat-rate 2 EUR –56556,66 0,00 –56556,66 ES Olive oil — Production refund on olive oil for preserved food 2004 Insufficient control instructions and supervision run by Galician paying agency resulting in inappropriate quality and quantity of controls flat-rate 2 EUR –247607,45 0,00 –247607,45 ES Olive oil — Production refund on olive oil for preserved food 2005 Insufficient control instructions and supervision run by Galician paying agency resulting in inappropriate quality and quantity of controls flat-rate 2 EUR –158115,39 0,00 –158115,39 ES Olive oil — Production refund on olive oil for preserved food 2006 Insufficient control instructions and supervision run by Galician paying agency resulting in inappropriate quality and quantity of controls flat-rate 2 EUR –199478,40 0,00 –199478,40 ES Olive oil — Production refund on olive oil for preserved food 2007 Insufficient control instructions and supervision run by Galician paying agency resulting in inappropriate quality and quantity of controls flat-rate 2 EUR –1508,41 0,00 –1508,41 ES RD Guarantee Accompanying Measures (area related measures) 2004 Insufficient quality of on-the-spot checks and control reports. Only two good farming practices commitments checked flat-rate 5 EUR –727721,00 0,00 –727721,00 ES RD Guarantee Accompanying Measures (area related measures) 2005 Insufficient quality of on-the-spot checks and control reports. Only two good farming practices commitments checked flat-rate 5 EUR –1019192,00 0,00 –1019192,00 Total ES –40255076,17 0,00 –40255076,17 FI Meat premiums — Bovines 2004 Wrong calculation of sanctions concerning suckler cows one-off EUR –2902,49 0,00 –2902,49 FI Meat premiums — Bovines 2004 Late start of controls in 2003. Wrong calculation of sanctions concerning suckler cows flat-rate 5 EUR –51722,18 0,00 –51722,18 FI Meat premiums — Bovines 2005 Wrong calculation of sanctions concerning suckler cows one-off EUR –3472,54 0,00 –3472,54 FI Meat premiums — Bovines 2006 Wrong calculation of sanctions concerning suckler cows one-off EUR –2225,89 0,00 –2225,89 Total FI –60323,10 0,00 –60323,10 FR Cross-compliance 2006 Claim year 2006: system of application of reductions and sanctions not in conformity with Regulation (EC) No 796/2004. Weaknesses in on-the-spot checks flat rate 10 EUR –74768,22 0,00 –74768,22 FR Cross-compliance 2006 Claim year 2005: system of application of reductions and sanctions not in conformity with Regulation (EC) No 796/2004. Weaknesses in on-the-spot checks flat rate 10 EUR –22865398,47 0,00 –22865398,47 FR Cross-compliance 2007 Claim year 2006: system of application of reductions and sanctions not in conformity with Regulation (EC) No 796/2004. Weaknesses in on-the-spot checks flat rate 10 EUR –48018996,45 0,00 –48018996,45 FR Cross-compliance 2007 Claim year 2005: system of application of reductions and sanctions not in conformity with Regulation (EC) No 796/2004. Weaknesses in on-the-spot checks flat rate 10 EUR –9305,52 0,00 –9305,52 Total FR –70968468,66 0,00 –70968468,66 GB Financial audit — Late payments 2006 Non-respect of payment deadlines one-off EUR –5732301,16 –5732301,16 0,00 GB Financial audit — Overshooting 2006 Overshooting of rural development allocations one-off EUR –784708,59 0,00 –784708,59 GB Financial audit — Overshooting 2006 Overshooting of rural development allocations and correction of milk levies one-off EUR –4423891,69 –4423891,69 0,00 Total GB –10940901,44 –10156192,85 –784708,59 GR Financial audit — Late payments 2006 Non-respect of payment deadlines one-off EUR –4553141,32 –4553141,32 0,00 GR Financial audit — Overshooting 2006 Overshooting of financial ceilings, allocations and correction of milk levies one-off EUR –8746881,86 –8746881,86 0,00 GR Financial audit — Overshooting 2006 Overshooting of financial ceilings one-off EUR –1841695,81 0,00 –1841695,81 GR Fruit and vegetables — Tomato processing 2006 Weaknesses in area, accounting and administrative controls flat-rate 5 EUR –1517924,28 0,00 –1517924,28 GR Olive oil — Improvement of quality of olive oil 2004 Overshooting of financial ceilings one-off EUR –337272,64 0,00 –337272,64 GR Public storage — Rice 2006 Improper time of weighing the stock and assessing missing quantities which led to undue costs of storage one-off EUR –110459,51 0,00 –110459,51 GR Public storage — Rice 2007 Improper time of weighing the stock and assessing missing quantities which led to undue costs of storage one-off EUR –55227,40 0,00 –55227,40 Total GR –17162602,82 –13300023,18 –3862579,64 HU Direct payments 2005 Claim year 2004 — Weaknesses in LPIS flat-rate 2 HUF –159697460,46 0,00 –159697460,46 HU Direct payments 2005 Claim year 2004 — Weaknesses in LPIS, insufficient control of GAEC flat-rate 2 HUF –1565085360,96 0,00 –1565085360,96 HU Direct payments 2006 Claim year 2004 — Weaknesses in LPIS flat-rate 2 HUF –974468,50 0,00 –974468,50 HU Direct payments 2006 Claim year 2004 — Weaknesses in LPIS, insufficient control of GAEC flat-rate 2 HUF –2111378,44 0,00 –2111378,44 HU Direct payments 2006 Claim year 2005 — Weaknesses in LPIS-GIS flat-rate 2 HUF –1874226638,20 0,00 –1874226638,20 HU RD Guarantee Accompanying Measures (area related measures) 2005 Cross-checks with animal data base not satisfactory one-off HUF –42638662,00 0,00 –42638662,00 Total HU –3644733968,56 0,00 –3644733968,56 IE Cross-compliance 2006 Non-respect of Article 47 of Regulation (EC) No 796/2004 flat rate 2 EUR –707810,71 0,00 –707810,71 IE Cross-compliance 2007 Non-respect of Article 47 of Regulation (EC) No 796/2004 flat rate 2 EUR –7117,53 0,00 –7117,53 Total IE –714928,24 0,00 –714928,24 IT Export refunds — Sugar and isoglucose 2003 Weaknesses in physical checks flat rate 2 EUR –620190,92 0,00 –620190,92 IT Export refunds — Sugar and isoglucose 2003 Payments made for sugar imported from the Balkans one-off EUR –38460,42 0,00 –38460,42 IT Export refunds — Sugar and isoglucose 2004 Weaknesses in physical checks flat-rate 2 EUR –521176,14 0,00 –521176,14 IT Export refunds — Sugar and isoglucose 2004 Payments made for sugar imported from the Balkans one-off EUR –149226,45 0,00 –149226,45 IT Export refunds — Sugar and isoglucose 2005 Weaknesses in physical checks flat rate 2 EUR –7075,80 0,00 –7075,80 IT Fruit and vegetables — Citrus processing 2005 Various control weaknesses comprising insufficient quality of administrative, accounting and on-the-spot controls performed flat rate 5 EUR –2434173,33 0,00 –2434173,33 IT Fruit and vegetables — Citrus processing 2006 Various control weaknesses comprising insufficient quality of administrative, accounting and on-the-spot controls performed flat rate 5 EUR –1105506,48 0,00 –1105506,48 IT Irregularities 2008 Reimbursement concerning irregularity cases one-off EUR 44226,30 0,00 44226,30 IT Olive oil — Restitution conserves 2003 Insufficient control instructions and supervision given by SAISA paying agency resulting in inappropriate quality and quantity of controls flat rate 2 EUR –52085,75 0,00 –52085,75 IT Olive oil — Restitution conserves 2004 Insufficient control instructions and supervision given by SAISA paying agency resulting in inappropriate quality and quantity of controls flat rate 2 EUR –220175,36 0,00 –220175,36 IT Olive oil — Restitution conserves 2005 Insufficient control instructions and supervision given by SAISA paying agency resulting in inappropriate quality and quantity of controls flat rate 2 EUR –213470,02 0,00 –213470,02 IT Olive oil — Restitution conserves 2006 Insufficient control instructions and supervision given by SAISA paying agency resulting in inappropriate quality and quantity of controls flat rate 2 EUR –85920,81 0,00 –85920,81 IT Olive oil — Restitution conserves 2007 Insufficient control instructions and supervision given by SAISA paying agency resulting in inappropriate quality and quantity of controls flat rate 2 EUR –2378,19 0,00 –2378,19 Total IT –5405613,38 0,00 –5405613,38 LT Direct payments 2005 Weaknesses in LPIS system and on-the-spot checks and insufficient control of GAEC flat rate 2 LTL –8187386,50 0,00 –8187386,50 LT Direct payments 2006 Weaknesses in LPIS system and on-the-spot checks and insufficient control of GAEC flat rate 2 LTL –329,75 0,00 –329,75 Total LT –8187716,25 0,00 –8187716,25 LU Direct payments 2006 Wrong calculation of the rights for single-area payments using improper regional average one-off EUR –3834,18 0,00 –3834,18 LU Direct payments 2007 Wrong calculation of the rights for single-area payments using improper regional average one-off EUR –513,28 0,00 –513,28 Total LU –4347,46 0,00 –4347,46 MT Financial audit — Overshooting 2007 Overshooting of financial ceilings one-off EUR –16690,38 –16690,38 0,00 Total MT –16690,38 –16690,38 0,00 NL Direct payments 2006 Weaknesses in the LPIS-GIS, in administrative and on-the-spot checks and in the application of the regulatory sanctions one-off EUR –5538453,00 0,00 –5538453,00 NL Direct payments 2007 Weaknesses in the LPIS-GIS, in administrative and on-the-spot checks and in the application of the regulatory sanctions one-off EUR –5866224,00 0,00 –5866224,00 NL Direct payments 2008 Weaknesses in the LPIS-GIS, in administrative and on-the-spot checks and in the application of the regulatory sanctions one-off EUR –5226404,00 0,00 –5226404,00 NL Export refunds — Sugar and isoglucose 2001 Insufficient quantity of substitution checks in customs offices in Rotterdam district flat-rate 10 EUR –392282,80 0,00 –392282,80 NL Export refunds — Sugar and isoglucose 2002 Insufficient quantity of substitution checks in customs offices in Rotterdam district flat-rate 10 EUR –5601293,13 0,00 –5601293,13 NL Export refunds — Sugar and isoglucose 2003 Insufficient quantity of substitution checks in customs offices in Rotterdam district flat-rate 10 EUR –1215943,72 0,00 –1215943,72 NL Export refunds and food aid outside the EU 2001 Insufficient quantity of substitution checks in customs offices in Rotterdam district flat-rate 10 EUR –137829,09 0,00 –137829,09 NL Export refunds and food aid outside the EU 2002 Insufficient quantity of substitution checks in customs offices in Rotterdam district flat-rate 10 EUR –1968021,91 0,00 –1968021,91 NL Export refunds and food aid outside the EU 2003 Insufficient quantity of substitution checks in customs offices in Rotterdam district flat-rate 10 EUR –427223,47 0,00 –427223,47 NL Financial audit — Overshooting 2006 Overshooting of financial ceilings one-off EUR –1871229,37 0,00 –1871229,37 Total NL –28244904,49 0,00 –28244904,49 PL Rural Development EAGGF Axis 2 (2000-2006, area related measures) 2005 No cross-checks with animal database performed until the end of 2005. Poor quality of control reports. Not all agri-enviromental commitments checked. Lack of sanctions flat-rate 5 PLN –47152775,00 0,00 –47152775,00 Total PL –47152775,00 0,00 –47152775,00 PT Certification 2001 Most likely error of overpayments one-off EUR –2073170,00 –2848206,87 775036,87 PT Certification 2002 Most likely error of overpayments one-off EUR –1768014,18 0,0 –1768014,18 PT Certification 2002 Systematic error one-off EUR –455084,30 0,0 –455084,30 PT Certification 2003 Most likely error of overpayments one-off EUR –2056200,00 0,0 –2056200,00 PT Certification 2004 Most likely error of overpayments one-off EUR –226000,00 0,0 –226000,00 PT Certification 2005 Most likely error of overpayments one-off EUR –2147000,00 0,0 –2147000,00 PT Certification Recoveries already reimbursed to the Community budget with regards to certification 2001-2005 one-off EUR 134701,72 0,0 134701,72 PT Cross-compliance 2006 Controls performed too late flat-rate 5 EUR –727228,53 0,0 –727228,53 PT Cross-compliance 2007 Controls performed too late flat-rate 5 EUR –1952,69 0,0 –1952,69 PT Export refunds — Sugar and isoglucose 2003 Minimum number of substitution checks in 2003 not reached in two customs offices flat-rate 5 EUR –16434,84 0,0 –16434,84 PT Export refunds — Sugar and isoglucose 2004 Minimum number of substitution checks in 2003 not reached in two customs offices flat-rate 5 EUR –28112,11 0,0 –28112,11 PT RD Guarantee Accompanying Measures (area related measures) 2004 Wrong sample selection for on-the spot checks and their limited scope not assuring minimum 5 % of beneficiaries checked annually flat-rate 2 EUR –1264084,00 0,0 –1264084,00 PT RD Guarantee Accompanying Measures (area related measures) 2005 Wrong sample selection for on-the spot checks and their limited scope not assuring minimum 5 % of beneficiaries checked annually flat-rate 2 EUR –1399863,00 0,0 –1399863,00 Total PT –12028441,93 –2848206,87 –9180235,06 SI Financial audit — Late payments 2007 Non-respect of payment deadlines one-off EUR –11173,87 –11173,87 0,0 SI Financial audit — Overshooting 2007 Overshooting of financial ceilings one-off EUR –14688,91 –14688,91 0,0 Total SI –25862,78 –25862,78 0,0 MS Measure FY Reason for correction Type % Currency Amount Deductions already made Financial impact DE Rural Development EAFRD Axis 2 (2007 DE06RPO 020) 2007 Absence of cross-checks with central livestock databank in case of applications for agri-environmental measures with livestock density limitation as an eligibility condition flat-rate 5 EUR –350800,00 0,0 –350800,00 Total DE –350800,00 0,0 –350800,00

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  1. 2009-09-24

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