L 234/6 Official Journal of the European Communities 4.9.1999 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 28 July 1999 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (notified under document number C(1999) 2472) (1999/603/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 agricultural policy (), as last amended by Regulation (EC) No 1287/95 (3), and in particular Article 5(2)(c) thereof, After consulting the Fund Committee, 1) Whereas, pursuant to Article 5(2)(c) of Regulation (EEC) No 729/70, the Commission, after consulting the Fund Committee, decides on the expenditure to be excluded from Community financing where it establishes that it has not been effected according to Community rules; Whereas, pursuant to Article 5(2)(c) of Regulation (EEC) No 729/70 and Article 8(1) and (2) of Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clear- ance of the accounts of the EAGGF Guarantee Section (), as last amended by Regulation (EC) No 896/97 (¥, the Commission has made the necessary inspections, notified its findings to the Member States, taken note of the latters' comments, initiated bilateral discussions in an effort to come to an agreement with the Member States concerned and formally commun- 4, 28.4.1970, p. 13. 25, 8.6.1995, p. 1. 58, 8.7.1995, p. 6. 28, 21.5.1997, p. 8. Y icated its findings to them, referring to Commission Decision 94/442[EC of 1 July 1994 setting up a conci- liation procedure in the context of the clearance of the accounts of the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section (°); Whereas the Member States were able to make a request for conciliation; whereas they did so in a number of cases and the report delivered on completion of the conciliation procedure was examined by the Commis- sion; Whereas, under Articles 2 and 3 of Regulation (EEC) No 729(70, financing may be provided only for export refunds on products exported to third countries and action designed to stabilise the agricultural markets, granted or undertaken respectively in accordance with the Community rules on the common organisation of the agricultural markets; Whereas, in the light of the inspections carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil these requirements and cannot be financed under the EAGGF Guarantee Section; Whereas the amounts found not to be chargeable to the EAGGF Guarantee Section are shown in the Annex to this Decision; whereas they do not concern expenditure () O] L 182, 16.7.1994, p. 45.