THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1), and in particular Article 7(3) thereof,
After consulting the Fund Committee,
Whereas:
(1) Commission Decision 2005/385/EC (2) cleared, for the 2004 financial year, the accounts of all the paying agencies except for the German paying agency ‘Bayern-Umwelt’, the Spanish paying agency ‘Madrid’, the French paying agency ‘SDE’, the Italian paying agency ‘AGEA’ and the Luxembourg paying agency ‘Ministère de l’Agriculture’.
(2) Following the transmission of new information and after additional checks, the Commission can now take a decision on the integrality, accuracy and veracity of the accounts submitted by the German paying agency ‘Bayern-Umwelt’, the Spanish paying agency ‘Madrid’, the French paying agency ‘SDE’, the Italian paying agency ‘AGEA’ and the Luxembourg paying agency ‘Ministère de l’Agriculture’.
(3) In clearing the accounts of the paying agencies concerned, the Commission must take account of the amounts already withheld from the Member States concerned on the basis of Decision 2005/385/EC.
(4) In accordance with the second subparagraph of Article 7(3) of Regulation (EC) No 1258/1999, this Decision does not prejudice decisions adopted subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,
HAS ADOPTED THIS DECISION:

The accounts of the German paying agency ‘Bayern-Umwelt’, the Spanish paying agency ‘Madrid’, the French paying agency ‘SDE’, the Italian paying agency ‘AGEA’ and the Luxembourg paying agency ‘Ministère de l’Agriculture’ concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2004 financial year are hereby cleared.
The amounts which are recoverable from, or payable to, each of the Member States concerned pursuant to this Decision are set out in the Annex.

This Decision is addressed to the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the Grand Duchy of Luxembourg.