COMMISSION DECISION 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) No 797/85 (91/264/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), as last amended by Regulation (EEC) No 3577/90 (2), and in particular Articles 28 (4) and 31a thereof,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 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 (3), and in particular Article 21 (6) thereof,
Whereas Regulation (EEC) No 797/85 has been amended several times and the forms for payment applications made to the European Agricultural Guidance and Guarantee Fund, Guidance Section should be adapted;
Whereas Commission Decision 91/12/EEC (4) lays down the procedure and form to be used for the submission of applications for advances pursuant to Article 21 (6) of Regulation (EEC) No 4253/88; whereas the application
of Commission Decision 91/12/EEC was limited to
31 December 1990;
Whereas the procedures and forms for applications for reimbursements and advances are numerous and complex and published in different Official Journals and therefore, their further adjustment in line with Community rules would lack the clarity necessary for rules of application; whereas a new Decision should therefore be adopted to replace Commission Decision 86/380/EEC (5);
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 28 (1) of Regulation (EEC) No 797/85 must conform to the tables shown in Annexes 1 to 14.
2. The applications for advances referred to in Article 21 (6) of Regulation (EEC) No 4253/88 and relating to the measures intended to support farm incomes pursuant to Regulation (EEC) No 797/85 shall conform to the Table shown in Annex 15.1.
3. Member States shall forward to the Commission, together with their first application for reimbursement, the text of the national implementing rules 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 pursuant to Article 31 (a) of Regulation (EEC) No 797/85 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 the same conditions as those governing applications for reimbursement.
However, the amount claimed may only be paid if the application raises no immediate objections as to the accuracy of the information which it contains and as to 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) No 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 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 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 4 Decision 86/380/EEC is hereby repealed. Article 5 This Decision is addressed to the Member States.
Done at Brussels, 17 April 1991.