Conformity clearance Decision

Clearance of accounts Decision

(c) for amounts fixed by the clearance of accounts and conformity clearance Decisions, the rate on the last but one working day at the Commission in the month preceding the month during which the Decision was taken;

The clearance of accounts Decision shall cover the integrality, accuracy and veracity of the accounts submitted and shall not prejudice the adoption of a subsequent conformity clearance Decision, pursuant to Article 12 of this Section.

The clearance of accounts Decision shall also cover the clearance of the SAPARD euro account and amounts to be credited to that account in accordance with Article 13 (2) and Article 14 (2.8) of this Section.

The amount to be recovered in accordance with the conformity clearance Decision shall not be reallocated to the Programme.

Any individual exemption decisions taken and negative clearance decisions taken before 1 January 1995 under Article 53 of the Agreement on the European Economic Area (EEA) or Article 1 of Protocol 25 to that Agreement, whether by the Surveillance Authority of the European Free Trade Association (EFTA) or the Commission, and which concern cases which fall under Article 81 of the Treaty establishing the European Community as a result of accession shall remain valid for the purposes of Article III-161 of the Constitution until the time limit specified therein expires or until the Commission adopts a duly motivated European decision to the contrary, in accordance with Union law.

The amount fixed by the clearance of accounts Decision shall normally be added to or deducted from the next payment(s) due from the Commission to the Republic of Slovenia.

The amount to be recovered in accordance with the conformity clearance Decision, shall be communicated to the National Authorising Officer who shall, on behalf of the Republic of Slovenia, ensure that the amount is credited to the SAPARD euro account within two months of the date the conformity clearance Decision was taken and deducted from the next application for payment to the Commission.

The Commission shall take a Decision (hereinafter referred to as ` the conformity clearance Decision` ) on the expenditure to be excluded from Community co-financing where it finds that expenditure has not been effected in compliance with this Agreement.

The Commission shall, by 30 September at the latest of the year following the financial year concerned, on the basis of the information referred to in paragraph 1, take a Decision to clear the account of the SAPARD Agency (hereinafter referred to as ` the clearance of accounts Decision` ).

The results of that procedure shall be set out in a report drawn up by the Conciliation Body taking account of the provisions laid down in Item 9 of Section F. The report shall be sent to and examined by the Commission before a conformity clearance Decision is taken.

However, where the amount to be deducted fixed by the clearance of accounts Decision exceeds the level of possible subsequent payments, the National Authorising Officer, on behalf of the Republic of Slovenia, shall ensure that the amount not covered by the balance shall be credited to the Commission in euro within two months of notification of that Decision.

When, as a result of any enquiry, the Commission considers that expenditure has not been effected in compliance with this Agreement, it shall, before a conformity clearance Decision is taken, notify in writing the National Authorising Officer of the results of its checks and indicate the corrective action to be taken to ensure future compliance.

Where the undertakings concerned commit a breach of an obligation, the Commission may revoke clearance decisions issued either under Article 6(2) or Article 8(2) of the Merger Regulation, acting pursuant to Article 6(3) or Article 8(5)(b), respectively.

Such modifications may be offered and implemented in advance of a clearance decision.

The first paragraph shall not apply to decisions on clearance of accounts or financial corrections.

The result of decisions on clearance of accounts shall be entered in a single article as lower or higher expenditure.

Commitments are offered as a means of securing a clearance, with the implementation normally taking place after the decision.

Where the Commission takes note of them, it will explain in its decision that they do not constitute a condition for clearance.

Once a divestiture of a business is made a condition of the clearance decision, it is a matter for the parties to find a suitable purchaser for this business.

The condition for a clearance decision by the Commission is that the viable business will have been transferred to a suitable purchaser(22) within a specific deadline.

Pursuant to Article 10(2) of the Merger Regulation, the Commission has to take a clearance decision as soon as the serious doubts established in the decision pursuant to Article 6(1)(c) of the Merger Regulation are removed as a result of commitments submitted by the parties.

For the purposes of Article 32(4) of Regulation (EC) No 1260/1999, the final balance under rural development programming documents shall be paid on the basis of the latest clearance of accounts decision provided for in Article 7(3) of Regulation (EC) No 1258/1999.

For the purposes of the second subparagraph of Article 7(1) of Regulation (EC) No 1663/95, amounts recoverable or payable under the clearance of accounts decision referred to in Article 7(3) of Regulation (EC) No 1258/1999 shall be deducted from or added to subsequent payments made by the Commission.

Where the Commission intends to give negative clearance pursuant to Article 5 or Article 6, it shall publish a summary of the relevant agreement, decision or concerted practice and invite all interested third parties to submit their observations within a time limit which it shall fix being not less than one month.

If the assessment confirms that the proposed commitments remove the competition concerns, following consultation with the authorities of the Member States, discussions with non-Member States authorities(43) and, when considered appropriate, with third parties in the form of a market test, a clearance decision will be submitted for Commission approval.

Where the Commission intends to give negative clearance pursuant to Article 2 or take a decision in application of Article 85 (3) of the Treaty, it shall publish a summary of the relevant application or notification and invite all interested third parties to submit their observations within a time limit which it shall fix being not less than one month.

The Commission shall forthwith transmit to the competent authorities of the Member States a copy of the applications and notifications together with copies of the most important documents lodged with the Commission for the purpose of establishing the existence of infringements of Articles 85 or 86 of the Treaty or of obtaining negative clearance or a decision in application of Article 85 (3).

The Commission will publish a notice of the fact of the decision in the Official Journal of the European Communities as it does for full clearance decisions.

Whereas the checks on conformity and the ensuing clearance decisions will therefore no longer be linked to the implementation of the budget in a particular financial year;

List of paying agencies for which the accounts are disjoined and are subject of a later clearance decision

The clearance of accounts decision shall cover the integrality, accuracy and veracity of the accounts submitted.

Council Decision of 20 March 2000 supplementing Decision 98/627/CFSP concerning a specific action of the Union in the field of assistance for mine clearance

Council Decision 2000/474/EC of 17 July 2000 concerning the Community contribution to the International Fund "Clearance of the Fairway of the Danube"(18).

Such amounts are to be deducted from, or added to, advances against expenditure from the second month following that in which the accounts clearance decision is taken.

Decision 433/97 of the Secretary-General of the Council of 22 May 1997 on the Security Clearance procedure of the officials responsible for the functioning of the Cortesy network.

Commission Decision 2003/8/EC of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment (OJ L 5, 10.1.2003, p. 16)."

Commission Decision of 1 July 1994 setting up a conciliation procedure in the context of the clearance of the accounts of the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section

For the 2002 financial year, the accounts of the Member States' paying agencies in respect of expenditure financed by the EAGGF Guarantee Section, shown in Annex II, are disjoined from this Decision and shall be the subject of a future clearance Decision.

(3) Commission Decision 2003/8/EC of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment fn is to be incorporated into the Agreement,

Commission Decision of 6 July 2001 amending Decision 94/442/EC setting up a conciliation procedure in the context of the clearance of the accounts of the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section (notified under document number C(2001) 1756)

however, pursuant to Article 4(3) of Regulation (EC) No 296/96, any overrun of deadlines during August, September and October is to be taken into account in the accounts clearance decision except where noted before the last decision of the financial year relating to advances.

Commission Decision of 12 October 2000 amending Decision 94/442/EC setting up a conciliation procedure in the context of the clearance of the accounts of the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section (notified under document number C(2000) 2988)

Whereas the right to a hearing, on the part of persons affected by a decision on post-clearance entry in the accounts of import or export duties and of applicants for repayment or remission of import or export duties, should be safeguarded;