3.2.2009 Official Journal of the European Union L 33/35 COMMISSION DECISION of 28 January 2009 on the clearance of the accounts of certain paying agencies in Austria, Belgium and Germany concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for the 2007 financial year (notified under document number C(2009) 420) (Only the German, Dutch and French texts are authentic) (2009/86/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (), and in particular Articles 30 and 33 thereof, After consulting the Committee on the Agricultural Funds, Whereas: (1)  Commission Decision 2008/397/EC (?) cleared, for the 2007 financial year, the accounts of all the paying agencies except for the Austrian paying agency ‘AMA’, the Belgian paying agencies ‘ALV’ and ‘Région wallonne’, the German paying agencies ‘Baden-Wiirttemberg' and ‘Bayern’, the Greek paying agency ‘OPEKEPE, the Finnish paying agency ‘MAVI' and the Portuguese paying agency ‘TFAP’. (2)  Following the transmission of new information and after additional checks, the Commission can now take a decision concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) on the integrality, accuracy and veracity of the accounts submitted by the Austrian paying agency ‘AMA’, the Belgian paying agencies ‘ALV’ and Région wallonne’ and the German paying agencies ‘Baden-Wiirt- temberg’ and ‘Bayern’. () O] L 209, 11.8.2005, p. 1. () O] L 139, 29.5.2008, p. 40. (3)  In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules, HAS ADOPTED THIS DECISION: Article 1 The accounts of the paying agencies of the Austrian paying agency ‘AMA’, the Belgian paying agencies ‘ALV’ and ‘Région wallonne’ and the German paying agencies ‘Baden-Wiirttemberg’ and ‘Bayern’ concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD), in respect of the 2007 financial year, are hereby cleared. The amounts which are recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, including those resulting from the application of Article 33(8) of Regulation (EC) No 1290/2005, are set out in the Annex. Article 2 This Decision is addressed to the Republic of Austria, the Kingdom of Belgium and the Federal Republic of Germany. Done at Brussels, 28 January 2009. For the Commission Mariann FISCHER BOEL Member of the Commission