COMMISSION DECISION of 24 November 1988 on applications for reimbursement of aid granted by the Member States, submitted pursuant to Regulation (EEC) No 1096/88 (88/628/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1096/88 of 25 April 1988 establishing a Community scheme to encourage the cessation of farming (1), and in particular Article 17 (4) thereof,
Whereas reimbursement applications to be sent in by the Member States to the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) must include information to enable the authorities to verify that the expenditure is in line with the provisions of Regulation (EEC) No 1096/88;
Whereas, to allow proper verification of reimbursement applications, the Member States must keep on file at the disposal of the Commission, for a three-year period after payment of the last reimbursement, all the evidential documentation on the basis of which the aids have been calculated;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee of the European Agricultural Guidance and Guarantee Fund,
HAS ADOPTED THIS DECISION:
Article 1 1. The reimbursement applications referred to in Article 17 (1) of Regulation (EEC) No 1096/88 must be submitted in accordance with the tables annexed to this Decision.
(2) OJ No L 110, 29. 4. 1988, p. 1.
2. Member States shall submit to the Commission, with their first reimbursement application, the texts of national implementing provisions and administrative instructions, and the forms or any other documents relating to the administrative implementation of the scheme.
Article 2 Member States shall keep on file at the disposal of the Commission for a period of three years, from the date of the last reimbursement, all evidential documents, or copies thereof certified as authentic, in their possession, on the basis of which the aids provided for by Regulation (EEC) No 1096/88 have been approved, together with complete files relating to the aid beneficiaries.
Article 3 1. On the basis of the data contained in the reimbursement applications, the Commission shall decide before 31 December as to the reimbursement up to the amount applied for, provided that the application is complete and submitted in accordance with requirements, including time requirements.
However, the reimbursement may be made only if the application prompts no immediate objection concerning the accuracy of the data in it or the consistency of the expenditure effected with the provisions in force. If this condition is not met, an appropriate reduction in the amount payable shall be made, the Member States having been informed thereof.
2. Where a careful scrutiny of the reimbursement application shows that the amount paid in accordance with paragraph 1 is not the amount actually due, the appropriate adjustment shall be made as soon as possible, i.e. generally under the subsequent reimbursement procedure.
Where the amount to be paid as subsequent reimbursement falls short of the excess preceding reimbursement or where the Member State concerned submits no reimbursement application in respect of that year, it shall repay the amount due within time limits to be determined by the Commission.
Article 4 This Decision is addressed to the Member States.
Done at Brussels, 24 November 1988.