COMMISSION DECISION of 6 November 1992 on applications for part-financing of national aid schemes in the form of reimbursements and advances pursuant to Council Regulation (EEC) N° 2328/91 (92/522/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 2328/91 of 15 July 1991 on improving the efficiency of agricultural structures (1), and in particular Articles 33 (3) and 36 thereof,
Having regard to Council Regulation (EEC) N° 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) N° 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2), and in particular Article 21 (6) thereof,
Whereas Regulation (EEC) N° 2328/91 has replaced Council Regulation (EEC) N° 797/85 (3);
Whereas this replacement necessitates numerous amendments to Commission Decision 91/264/EEC of 17 April 1991 on applications for part-financing of national aid schemes in the form of reimbursements and advances pursuant to Council Regulation (EEC) N° 797/85 (4); so it is appropriate in the interest of clarity to replace that Decision;
Whereas, in order to standardize payment applications, provision should be made for making a computerized system available to the competent authorities;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development,
HAS ADOPTED THIS DECISION:
Article 1
1. The applications for reimbursement as referred to in Article 33 (1) of Regulation (EEC) N° 2328/91 must conform to the tables set out in Annexes 1 to 14.
2. The applications for advances referred to in Article 21 (6) of Regulation (EEC) N° 4253/88 and relating to the measures intended to support farm incomes pursuant to Regulation (EEC) N° 2328/91 shall conform to the table set out in Annex 15.1.
3. Member States shall forward to the Commission, together with their first application for reimbursement, the text of the national rules of application and administrative instructions as well as the forms and all other documents relating to the administrative implementation of the measure. National reports concerning checks carried out under Article 36 of Regulation (EEC) N° 2328/91 shall be sent to the Commission on request or, where appropriate, submitted at the time of on-the-spot checks by Commission representatives.
Article 2
1. On the basis of the information contained in the applications for reimbursement, the Commission shall decide to repay aid up to the amount claimed provided that the application is complete and submitted in due form within the time limit prescribed. Advances shall be paid as quickly as possible under conditions the same as those governing applications for reimbursement.
However, the amount claimed may be paid only if the application raises no immediate objections as to the accuracy of the information which it contains and the conformity of the expenditure made or planned with the provisions in force. If this condition is not fulfilled, the amount which may be paid shall be reduced accordingly pursuant to Article 24 of Regulation (EEC) N° 4253/88.
2. Where a thorough examination of the application for reimbursement reveals that the amount paid in accordance with paragraph 1 is not that actually due, regularization shall take place as soon as possible, that is to say, normally under the next reimbursement procedure. Where the amount to be paid under the next reimbursement procedure is less than that part of the previous reimbursement which was paid in excess or where the Member State concerned submits no applications for reimbursement in respect of the financial year concerned, it shall repay the amount due within a period to be fixed by the Commission.
Article 3
Decision 91/264/EEC is hereby repealed.
Article 4
A computerized system should generally be used to send the information referred to in the Annexes. The Commission may decide upon the software required and make it available to the competent authorities. The Commission may also take responsibility for providing the equipment and for training a certain number of people who are to work with this equipment.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 6 November 1992.