# Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011, Article 35: Advance payments

Extent: E+W+S+N.I.

1. A producer organisation may apply to the appropriate authority for the constituent nation in which the producer organisation has its head office for an advance payment of a part of the aid. That advance payment shall correspond to the forecast expenditure resulting from the operational programme during the quarter starting in the month in which the application for an advance payment is submitted.
A producer organisation applying for an advance payment must demonstrate to the satisfaction of the appropriate authority, and the appropriate authority must verify, that:
(a) financial contributions to the producer organisation’s operational fund have been levied and paid in accordance with Articles 24 and 25;
(b) the corresponding producer organisation contribution has actually been spent; and
(c) any previous advance payments received by the producer organisation have actually been spent.
2. Applications for the release of securities may be submitted during the current programme year and shall be accompanied by supporting documents, such as invoices and documents proving that payment has been made.
Securities shall be released in respect of up to 80 % of advances paid.
3. In the event of failure to comply with the operational programmes or of serious failure to meet the obligations provided for in Article 5(b) and (c) of Implementing Regulation (EU) 2017/892 the security shall be forfeited, without prejudice to other administrative penalties to be applied in accordance with Section 3 of Chapter V of this Title.
In the event of failure to comply with other requirements, the security shall be forfeited in proportion to the gravity of the irregularity that has been established.
(4.) In this Article ‘quarter’ means a period of three months ending with the last day of March, June, September or December.

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Source: https://www.legislation.gov.uk/eur/2017/891/article/35 (the official version)
Page: https://openlegislation.uk/eu-regulation-2017-891/article-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.