OpenLegislation

Article 3

United Kingdom

Original text. Later amendments are not shown.

1.

Where the measure taken in respect of an operator A or of an operator B is the one referred to in point (a) of Article 3 (1) of Regulation (EC) No 1469/95, that measure shall, except in exceptional and duly substantiated cases, apply to the operations which the operator concerned carries out in any of the fields covered by Article 1 (1) of that Regulation.

2.

The measure referred to in point (c) of Article 3 (1) of Regulation (EC) No 1469/95 shall apply only to the same field within the meaning of Article 1 (1) of that Regulation and to the same product sector as that in which the irregularity committed or attempted has been established.

3.

In the case of the measure referred to in point (b) of Article 3 (1) of Regulation (EC) No 1469/95, the competent authorities of the Member States shall assess each individual case and determine the field or fields and product sectors concerned, taking due account of the real risks of possible further irregularities, and in particular:

  • the stage of the inquiry being held, depending on whether an operator A or operator B is concerned,

  • the volume of his operations within the EAGGF field,

  • the amount of Community funds involved in the suspected or established irregularity,

  • the seriousness of the irregularity, according to whether it has been committed or attempted, deliberately or through gross negligence.

4.

The period of application of the measure or measures to be taken shall be determined on the basis of the criteria laid down in paragraph 3.

As regards the measure referred to in point (c) of Article 3 (1) of Regulation (EC) No 1469/95, the period of application is a minimum of six months, except in duly substantiated exceptional cases, and a maximum of five years.