{
  "url": "https://openlegislation.uk/eu-decision-2009-538/article-1",
  "json_url": "https://openlegislation.uk/eu-decision-2009-538/article-1.json",
  "legislation": "eudn/2009/538",
  "legislation_title": "Commission Decision of 10 July 2009 amending Decision 2008/456/EC laying down rules for the implementation of Decision No 574/2007/EC of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ as regards Member States' management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund (notified under document number C(2009) 5373) (Only the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2009/538/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-538",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "Commission Decision 2008/456/EC is amended as follows:\n1.. Article 23(1) is replaced by the following:\n‘1. In order to revise the annual programme approved by the Commission pursuant to Article 23(4) of the basic act, the Member State concerned shall submit a revised draft annual programme to the Commission at the latest three months before the end of the eligibility period. The Commission shall examine and, as soon as possible, approve the revised programme in accordance with the procedure laid down in Article 23(4) of the basic act.’;\n2.. in point 4.1 of Annex V, Part A, the words ‘List of all pending recoveries at 30 June of the year N + 2 (N = year of this annual programme)’ are replaced by the words ‘List of all pending recoveries six months after the eligibility deadline for expenditure’.;\n3.. in Annex XI, point I.4.1 is replaced by the following:\n‘1.\nCosts relating to a project must be incurred and the respective payments (except for depreciation) made after 1 January of the year referred to in the financing decision approving the annual programmes of the Member States. The eligibility period is until 30 June of the year N + 2, meaning that the costs relating to a project must be incurred before this date.’;\n4.. in Annex XI, point V.3 is replaced by the following:\n‘3.\nActivities linked to technical assistance must be performed and the corresponding payments made after 1 January of the year referred to in the financing decision approving the annual programmes of the Member States. The eligibility period lasts at the latest until the deadline for the submission of the final report on the implementation of the annual programme.’",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 167, 27.6.2008, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Where “N” is the year referred to in the financing decision approving the annual programmes of the Member States.’;"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/538/article/1",
    "retrieved_at": "2026-11-01T15:16:27.098994+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}