L 163/28 Official Journal of the European Communities 6.6.98 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 6 May 1998 on the clearance of the accounts presented by the Member States in respect of the expenditure for 1994 of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (notified under document number C(1998) 1124) (Only the Spanish, Danish, German, Greek, English, French, Italian, Dutch and Portuguese texts are authentic) (98/358/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricul- tural policy ('), as last amended by Regulation (EC) No 1287/95 (%), and in particular Article 5(2) thereof, After consulting the Fund Committee, Whereas, under Article 5(2) 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 1994; whereas Article 5(2) of Regulation (EEC) No 729/70 provides that the 1994 financial year began on 16 October 1993 and ended on 15 October 1994, Whereas the Commission has carried out the verifications provided for in Article 9(2) of Regulation (EEC) No 729/ 70; () OJ L 94, 28. 4. 1970, p. 13. () OJ L 125, 8. 6. 1995, p. 1. Whereas Article 8 of Commission Regulation (EEC) No 1723/72 of 26 July 1972 on making up accounts of the European Agricultural Guidance and Guarantee Fund, Guarantee Section (®), 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 recognised as chargeable to the Guarantee Section of the Fund; whereas Article 102 of the Financial Regulation of 21 December 1977 (°), as last amended by Regulation (EC) No 2444/ 97 (°), provides that the outcome of the clearance decision, that is to say, any discrepancy which may occur between the total expenditure booked to the accounts for a finan- cial year under Articles 100 and 101 and the total expend- iture recognised by the Commission when clearing the accounts is to be booked, under a single article, as addi- tional expenditure or a reduction in expenditure; Whereas, under Articles 2 and 3 of Regulation (EEC) No 729/70, only refunds on exports to third countries and intervention to stabilise agricultural markets, respectively granted and undertaken according to Community rules within the framework of the common organisation of the () OJ L 186, 16. 8. 1972, p. 1. (" OJ L 30, 2. 2. 1988, p. 7. () OJ L 356, 31. 12. 1977, p. 1. () OJ L 340, 11. 12. 1997, p. 1.