19.12.2008 Official Journal of the European Union L 340/99 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (notified under document number C(2008) 7820) (only the Danish, Dutch, English, Estonian, Finnish, French, Greek, Italian, Latvian, Portuguese, Slovenian, Spanish and Swedish texts are authentic) (2008/960/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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. Having regard to the Treaty establishing the European Community, (2)  The Member States have had an opportunity to request the launch of a conciliation procedure. That opportunity Having regard to Council Regulation (EC) No 1258/1999 of has been used in some cases and the report issued on the 17 May 1999 on the financing of the common agricultural outcome has been examined by the Commission. policy (1), and in particular Article 7(4) thereof, (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. Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (3), and in particular Article 31 thereof, ) ) ) (4 In the light of the verifications carried out, the outcome Having consulted the Committee on the Agricultural Funds, 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 and the FEuropean Agricultural Guarantee Fund, hereinafter referred to as EAGEF. Whereas: (1) Under Article 7(4) of Regulation (EC) No 1258/1999, and Article 31 of Regulation (EC) No 1290/2005, the (5)  The amounts that are not recognised as being chargeable Commission is to carry out the necessary verifications, to the EAGGF Guarantee Section and the EAGF should communicate to the Member States the results of these be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission’s () OJ L 160, 26.6.1999, p. 103. written notification of the results of the verifications to () OJ L 209, 11.8.2005, p. 1. the Member States.