No L 353/30 Official Journal of the European Communities 21.12. 88 COMMISSION DECISION of 29 November 1988 on the clearance of the accounts presented by the Member States in respect of the expenditure for 1986 of the Guarantee Section of the European Agricultural Guidance and Guarantee - Fund- (88/630/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 5 (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 1986 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 the accounts of the European Agricultural Guidance and Guarantee Fund, Guarantee Section (3), as last amended by Regulation (EEC) No 295/88 (%), provides that the 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 (%), as last amended by Regulation (ECSC, EEC, Euratom) No 2049/88 (¢), provides that the outcome of the clearance decision, i.e. any discrepancy which may exist between the 1 (1) O] No L 94, 28. 4. 1970, p. 13. (2) O] No L 185, 15. 7. 1988, p. 1. (*) O] No L 186, 16. 8. 1972, p. 1. (*) O] NoL 30, 2. 2. 1988, p. 7. (*) (¢ $) Of No L 356, 31. 12. 1977, p. 1. §) O No L 185, 15.7. 1988, p. 3. 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 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; Whereas the Member States have been fully informed of the corrections made to their accounts, and have been able to give their views thereon; Whereas the expenses declared by Greece relating to production aid for olive oil amounting to Dr 22 797 088 960 and declared by Italy relating to colouring of cereals amounting to Lit 681 842 945 are not covered by this Decision; given that further examination of these cases is necessary; whereas these amounts must therefore be deducted from the expenditure declared in respect of the year under consideration and will be cleared subsequently; Whereas in addition, in the case of Belgium,; Denmark, Germany, France, Italy and the Netherlands, the possible financial consequences resulting from the non-application of the system of additional levies in the milk sector or from its incorrect application must be the subject of re-examination, whereas clearance will therefore be performed subsequently in these instances; Whereas the expenditure disallowed for Germany comprises an amount of DM 130 442,48 in respect of a security for a certain quantity of wheat starch which should have been