80/427/EEC: Commission Decision of 28 March 1980 amending Decisions 74/581/EEC and 76/627/EEC as regards the rules governing payment of the aid granted under Directives 72/159/EEC, 72/160/EEC, 72/161/EEC and 75/268/EEC

• Articles: 3

Article 1

Article 4 of Decision 74/581/EEC shall be replaced by the following:

"Article 4

1. The Commission, acting on the basis of the particulars contained in the applications for reimbursement, shall before 1 November decide to reimburse the full amount requested, provided the application is complete and submitted in due form within the time limits laid down.

However, reimbursement may be made in accordance with this provision only if the application does not give rise to any immediate objection as regards either the accuracy of the particulars which it contains or compliance of the expenditure incurred with the provisions in force. If this condition is not fulfilled an appropriate reduction shall be made in the amount to be paid, after consultation with the Member State concerned.

2. Where a thorough examination of the application for reimbursement shows that the amount paid in accordance with paragraph 1 is not that which is actually due, the situation shall be regularized as quickly as possible, generally when the next reimbursement is made.

If the amount to be paid back when the next reimbursement is made is less than the undue portion of the amount previously reimbursed, or if the Member State in question does not submit applications for reimbursement for that year, it shall (1)OJ No L 96, 23.4.1972, p. 1. (2)OJ No L 96, 23.4.1972, p. 9. (3)OJ No L 96, 23.4.1972, p. 15. (4)OJ No L 128, 19.5.1975, p. 1. (5)OJ No L 320, 29.11.1974, p. 1. (6)OJ No L 222, 14.8.1976, p. 37.

repay the amount due within time limits to be fixed by the Commission."

Article 2

Article 5 of Decision 76/627/EEC shall be replaced by the following:

"Article 5

1. The Commission, acting on the basis of the particulars contained in the applications for reimbursement shall, before 1 November decide to reimburse the full amount requested, provided the application is complete and submitted in due form within the time limits laid down.

However, the reimbursement may be made in accordance with this provision only if the application does not give rise to any immediate objection as regards either the accuracy of the particulars which it contains or compliance of the expenditure incurred with the provisions in force. If this condition is not fulfilled an appropriate reduction shall be made in the amount to be paid, after consultation with the Member State concerned.

2. Where a thorough examination of the application for reimbursement shows that the amount paid in accordance with paragraph 1 is not that which is actually due, the situation shall be regularized as soon as possible, generally when the next reimbursement is made.

If the amount to be paid back when the next reimbursement is made is less than the undue portion of the amount previously reimbursed or if the Member State in question does not submit applications for reimbursement for that year, it shall repay the amount due within time limits to be fixed by the Commission."

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 28 March 1980.

For the Commission

Finn GUNDELACH

Vice-President