14. 5. 96 Official Journal of the European Communities No L 117/19 COMMISSION DECISION of 10 April 1996 on the clearance of the accounts presented by the Member States in respect of the expenditure for 1992 of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and in respect of certain expenditure for 1993 (Only the Spanish, Danish, German, Greek, English, French, Italian, Dutch and Portuguese texts are authentic) (96/311/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, pursuant to 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 1992; whereas Article 5 (2) of Regulation (EEC) No 729/70 provides that the 1992 financial year began on 16 October 1991 and ended on 15 October 1992; whereas France and Italy have also transmitted the documents required to clear the accounts for 1993, which financial year began on 16 October 1992 and ended on 15 October 1993; Whereas the Commission has carried out the verifications 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 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 recognized as chargeable to the Guarantee Section of the Fund; whereas Article 102 of the Financial Regulation of 21 December () OJ No L 94, 28. 4. 1970, p. 13. ) OJ No L 125, 8. 6. 1995, p. 1. () OJ No L 186, 16. 8. 1972, p. 1. () O] No L 30, 2. 2. 1988, p. 7. 1977 (°), as last amended by Regulation (EC, Euratom, ECSC) No 2335/95 (%), 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 financial year pursuant to Articles 100 and 101 and the total expenditure recognized by the Commis- sion 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 coun- tries 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 difference between the two amounts and the difference between the expendi- ture 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 expenditure declared by Italy concerning storage of olive oil, amounting to Lit 43 270 556 684, is not covered by the present Decision, since further exam- ination is necessary; whereas this amount has therefore been deducted from the expenditure declared by the Member State in respect of the year under consideration and will be cleared subsequently; Whereas Commission Decision 94/871/EC () does not cover the expenditure declared by Greece, Spain, France and Italy for private storage of wine amounting to Dr 132358 648, Pta 636 164 384, FF 38898417 and Lit 8 203 376 912 respectively and the expenditure declared () OJ No L 356, 31. 12. 1977, p. 1. (9 OJ No L 240, 7. 10. 1995, p. 12. () OJ No L 352, 31. 12. 1994, p. 82.