103By its second plea in law the Belgian Government claims, first, that the Commission is not entitled to impose flat-rate corrections if it does not have concrete proof that a certain number of amounts have been improperly paid. In the present case, however, the Commission has adduced no such proof. Second, the Commission has no justification for arguing that the Belgian control system, taken as a whole, has shortcomings which entail a high risk of losses to the EAGGF and justify a 10% correction. Third, the Commission has likewise given insufficient reasons for its decision relating to the corrections made. By proceeding in this manner, it has infringed Regulation No 729/70 and Regulation (EEC) No 1723/72 of the Commission of 26 July 1972 on making up accounts for the European Agricultural Guidance and Guarantee Fund, Guarantee Section (Official Journal 1972 L 186, p. 1) and has failed to fulfil the obligation to state reasons, laid down in Article 190 of the Treaty.
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