(10) Pursuant to Article 33(7) of Regulation (EC) No 1290/2005, after closure of a rural development programme Member States may decide not to pursue recovery. Such a decision may only be taken if the costs already and likely to be incurred total more than the amount to be recovered or if the recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. If that decision has been taken within four years of the primary administrative or judicial finding, or within eight years if the recovery is taken to the national courts, 100 % of the financial consequences of the non-recovery should be borne by the Community budget. In the summary report referred to in Article 33(4) of Regulation (EC) No 1290/2005 the amounts for which the Member State decided not to pursue recovery and the grounds for the decision are shown. These amounts are not charged to the Member States concerned and are consequently to be borne by the Community budget. This decision is without prejudice to future conformity decisions pursuant to Article 33(5) of the said Regulation.
(11) In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,
HAS ADOPTED THIS DECISION:
Article 1
Without prejudice to Article 2, the accounts of the paying agencies of the Member States concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) in respect of the 2007 financial year are hereby cleared.
The amounts which are recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, including those resulting from the application of Article 33(8) of Regulation (EC) No 1290/2005, are set out in Annex I.
Article 2
For the 2007 financial year, the accounts of the Member States' paying agencies in respect of expenditure per rural development programme financed by the EAFRD, set out in Annex II, are disjoined from this Decision and shall be the subject of a future clearance Decision.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 30 April 2008.
For the Commission
Mariann
FISCHER BOEL
Member of the Commission
(1)
OJ L 209, 11.8.2005, p. 1
. Regulation as last amended by Regulation (EC) No 1437/2007 (
OJ L 322, 7.12.2007, p. 1
).
(2)
OJ L 171, 23.6.2006, p. 1
. Regulation as last amended by Regulation (EC) No 114/2008 (
OJ L 33, 7.2.2008, p. 6
).
(3)
OJ L 171, 23.6.2006, p. 90
. Regulation as amended by Regulation (EC) No 1233/2007 (
OJ L 279, 23.10.2007, p. 10
).