{
  "url": "https://openlegislation.uk/eu-regulation-2004-1653/article-38",
  "json_url": "https://openlegislation.uk/eu-regulation-2004-1653/article-38.json",
  "legislation": "eur/2004/1653",
  "legislation_title": "Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2004-1653",
  "path": "article/38",
  "kind": "article",
  "number": "38",
  "heading": null,
  "text": "Establishment of an amount receivable is the act by which the authorising officer:\n(a) verifies that the debt exists;\n(b) determines or verifies the reality and the amount of the debt;\n(c) verifies the conditions in which the debt is due.\nAny 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.\nThe 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 . 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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Commission Regulation (EC) No 651/2008 of 9 July 2008 amending Regulation (EC) No 1653/2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 357, 31.12.2002, p. 1 ."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2004/1653/article/38",
    "retrieved_at": "2026-11-01T14:55:16.482577+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."
}