{
  "url": "https://openlegislation.uk/eu-regulation-1990-2921/article-5",
  "json_url": "https://openlegislation.uk/eu-regulation-1990-2921/article-5.json",
  "legislation": "eur/1990/2921",
  "legislation_title": "Commission Regulation (EEC) No 2921/90 of 10 October 1990 on aid for the production of casein and caseinates from skimmed milk",
  "legislation_url": "https://openlegislation.uk/eu-regulation-1990-2921",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": null,
  "text": "1. To ensure that the provisions of this Regulation are complied with Member States shall carry out unannounced on-the-spot inspections to be decided on the basis of the establishment's production schedule. At least one inspection per period of seven production days shall be made.\nThe inspections shall involve the taking of samples from each production batch and shall cover the conditions of production, quantity and composition of the casein and caseinates produced.\n2. The inspection referred to in paragraph 1 shall be supplemented, at intervals depending on the quantity of casein and caseinates produced, by thorough scrutiny and sampling in order to reconcile the information given in the aid application and the monthly abstract referred to in Article 4 with relevant commercial documents and product stocks actually held.\nThese further checks must cover at least 25 % of the total quantity covered by aid applications and each establishment must be checked at least once every six months.\n3. Should\n(a) significant irregularities affecting 5 % or more of the aid operations checked,\n(b) significant discrepancies by comparison with the recipient's previous operations\nbe discovered, the Member State shall intensify the inspection operations provided for in paragraph 2 and immediately inform the Commission.\n4. Member States shall recover sums wrongly paid out, plus interest. The interest rates to be applied shall be those fixed pursuant to Article 3 or 4 of Commission Regulation (EEC) No 411/88 and shall be calculated from the date of payment of the aid.\n5. Except in cases of force majeure, if a check reveals that the aid applied for or paid is higher than that actually due under the provisions of this Regulation:\nit shall be reduced by 15 % if the difference is less than 8 % and by 50 % if the difference is between 8 % and 20 %. If it has already been paid, 15 % or 50 % of the amount, as appropriate, must be repaid,\nno aid shall be granted, or all aid shall be repaid, if the difference is more than 20 %.\n6. If the check shows that the difference referred to in paragraph 5 stems from an error in the application made either deliberately or by gross negligence, the applicant shall be debarred from aid for six months from the date of notification of such exclusion.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ No L 40, 13. 2. 1988, p. 25."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1990/2921/article/5",
    "retrieved_at": "2026-11-01T15:02:24.395203+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."
}