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Article 10 Recovery and penalties

United Kingdom

Original text. Later amendments are not shown.

1.

Aid unduly paid to producer organisations, shall be recovered with interest, including that linked to any irregularities found during the checks referred to in Article 9.

The interest rate to be applied shall be calculated in accordance with national legislation and shall not be lower than the interest rate generally applicable to recovery under national rules.

2.

Except in cases of obvious error, where irregularities are found in the application of this Regulation, the recipient/applicant shall be required:

(a)

if the aid has already been paid, in addition to recovery as provided for in paragraph 1:

  1. (i)

    in cases of fraud, to pay an amount equal to the amount unduly paid;

  2. (ii)

    in other cases, to pay 50 % of the amount unduly paid;

(b)

in cases where applications for aid have been submitted under Article 8 but no aid has been paid:

  1. (i)

    in cases of fraud, to pay an amount equal to the amount unduly applied for;

  2. (ii)

    in other cases, to pay 50 % of the amount unduly applied for;

3.

In the event of a false declaration the Member State shall debar the producer organisation concerned from benefiting from the provisions of this Regulation and shall inform the Commission thereof.

4.

Sums recovered, with the interest accrued and the amount of the penalty, shall be paid to the responsible paying agency and deducted from expenditure financed by the EAGGF.