8.12.89 Official Journal of the European Communities No L 359/23 COMMISSION COMMISSION DECISION of 15 November 1989 on the clearance of the accounts presented by the Member States in respect of the expenditure for 1987 of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (89/627/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Eiropean Economic Community, Having regard to Council Regulation (EEC)-No-729/70 of 21 April 1970 on the financing of the common agricultural policy (1), as last amended by Regulation (EEC) No 2048/88 (2), and in particular Article § (2) thereof, After consulting the Fund Committee, Whereas, pursuant to Article 5 (2) (b) of Regulation (EEC) No 729/70, the Commission, on the basis of the annual accounts presented by the Member States, clears the accounts. of ‘the authorities and bodies referred to in Article 4 of that Regulation; . Whereas the Member States have transmitted to the Commission the documents required to clear the accounts for 1987 and that the latter has carried out on-the-spot inspections as provided for in Article 9 (2) of Regulation (EEC) No 729/70; Whereas Article 8 of Commission Regulation (EEC) No 1723/72 of 26 July 1972 on the clearance of .accounts of the European. Agricultural Guidance and Guarantee Fund, Guarantee - Section (3), as last - amended by Regulation (EEC) No—-295/84 (%), provides. that the (1) OJ No L 94, 28. 4. 1970, p. 13. (2) OJ No L 185, 15.7. 1988, p. 1 (3) O] No L 186, 16. 8. 1972, p. 1. (%) O No L 30, 2. 2. 1988, p. 7. decision to «clear the accounts  must include the determination of the amount of expenditure incurred in each Member State during the- financial year in question recognized as chargeable to the Guarantee Section of the Fund, and also the determination of the amount of the Community’s financial resources still available in each Member State; whereas Article - 99 of the Financial Regulation of 21 December 1977 (5), as last amended by Regulation - {(ECSC, EEC, Euratom) No 2049/88 (6), provides that the outcome of the clearance decision, i. e. any discrepancy which may exist between the total expenditure booked to the accounts for a financial year pursuant to Articles 97 and 98 and the total expenditure recognized as allowable by the Commission when clearing - the accounts is to be booked, under-a single article, as additional expenditure or a reduction in expenditure; Whereas, pursuant to Articles 2 and 3 of Regulation (EEC) No 729/70, only refunds on exports to third countries and intervention to stabilize agricultural markets, respectively granted and undertaken according to Community rules within the framework of the common organization of the agricultural markets, may be financed; whereas the inspections carried out show that a part of the expenditure - declared by the Member States- does not meet these conditions: and therefore must be disallowed; whereas the amounts declared by each of the Member States concerned, those recognized as chargeable to the EAGGF Guarantee Section and the differences between the two amounts and the differences between the expenditure . recognized as chargeable to the EAGGF Guarantee Section and that charged in respect of the year are shown in the Annex to this Decision; .. (5) OJ No L 356, 31. 12. 1977, p. 1. (6) O] No L 185, 15. 7. 1988, p. 3.