COMMISSION DECISION of 26 July 1989 concerning applications for advance payments and the reimbursement of aids granted by the Portuguese Republic for improving vine-growing structures under Council Regulation (EEC) No 2239/86 (Only the Portuguese text is authentic) (89/513/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2239/86 of 14 July 1986 on a specific common measure to improve vine-growing structures in Portugal (1), as last amended by Regulation (EEC) No 3208/83 (2), and in particular Article 11 (4) thereof,
Whereas applications for reimbursement and applications for advance payments to be submitted by the Portuguese Republic to the European Agricultural Guidance and Guarantee Fund (EAGGF), Guidance Section, must include certain data in order to enable the compliance of the expenditure with the provisions of Regulation (EEC) No 2239/86 and of the programme presented by the Portuguese Republic, as approved by the Commission pursuant to Article 3 (3) of the said Regulation, to be examined;
Whereas, to enable effective controls to be carried out, the Portuguese Republic must keep the supporting documents available to the Commission for a period of three years after the payment of the last reimbursement;
Whereas, to enable the Commission to make advance payments, detailed rules and procedures must be laid down with regard thereto;
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. Applications for reimbursement as provided for in Article 11 (1) of Regulation (EEC) No 2239/86 must be made in accordance with Annexes 1 to 1.12 to this Decision.
2. The Portuguese Republic shall forward to the Commission, with its first application for reimbursement, the national provisions on application and the administrative instructions, together with the forms and any other documents relating to the administrative implementation of the measure.
Article 2
Applications for advance payments, as provided for in Article 11 (3) of Regulation (EEC) No 2239/86, must be made in accordance with the tables in Annexes 2 to 2.4 hereto.
Article 3
1. Advance payments from the Guidance Section of the European Agricultural Guidance and Guarantee Fund may be equivalent to a maximum of 80 % of the amount of the Community contribution towards the financing of the expenditure planned for the reference year.
2. Advance payments which are not expended during the year in respect of which they were made shall be deducted from the advance payment to be made in respect of the following year.
3. Advance payments in respect of the following year may not be paid before the documents referred to below have been sent to the Commission:
- either a report drawn up in accordance with the table set out in Annex 3, on operations during the previous year in respect of which advance payments were made;
- or the final application for reimbursement compiled in accordance with Article 1 (1).
Article 4
The Portuguese Republic shall keep available to the Commission, for a period of three years after the payment of the last reimbursement, all supporting documents, or certified copies thereof which it has in its possession, on the basis of which it was decided to grant the aid provided for in Regulation (EEC) No 2239/86, together with the complete files on the beneficiaries and the documents and tables on the basis of which the applications for reimbursement and advance payments were compiled.
Article 5
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 26 July 1989.