Article 38

Establishment of an amount receivable is the act by which the authorising officer:

1. (a)

   verifies that the debt exists;

2. (b)

   determines or verifies the reality and the amount of the debt;

3. (c)

   verifies the conditions in which the debt is due.

Any amount receivable that is identified as being certain, of a fixed amount and due must be established by a recovery order given to the accounting officer, accompanied by a debit note sent to the debtor. Both of these documents shall be drawn up and sent by the authorising officer responsible.

F1The contracts concluded by the agency with economic operators shall provide that any debt not repaid on the due date laid down in the debit note shall bear interest in accordance with Commission Regulation (EC, Euratom) No 2342/2002 ^f1 . The condition whereby interest on late payment is due to the agency, including the rate for default interest, shall be explicitly referred to in the contracts.