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Amount of aid
1. The amount of aid granted under the measures to assist local agricultural production as provided for in Chapter IV of Regulation (EU) No 229/2013 shall be within the ceilings fixed in Article 18 of that Regulation. 2. The conditions for granting aid, the lines of agricultural production and the amounts concerned shall be specified in the programme approved in accordance with Article 6(1) of Regulation (EU) No 229/2013.
Submission of applications
Aid applications for a calendar year shall be submitted to the office designated by the competent authorities of Greece in accordance with the specimens drawn up by the latter and within the periods they have laid down. Those periods shall be fixed so as to allow time for the necessary on-the-spot checks and shall not run beyond 28 February of the following calendar year.
Correction of manifest errors
An aid application may be rectified at any time after its submission where a manifest error is recognised by the competent authority.
Late submission of applications
Except in cases of force majeure and exceptional circumstances, submission of an aid application after the time limit laid down in accordance with Article 16 shall lead to a 1 % reduction per working day in the amounts to which the aid applicant would have been entitled if the aid application had been lodged within the time limit. If the delay amounts to more than 25 calendar days, the application shall be considered inadmissible.
Withdrawal of aid applications
1. An aid application may be totally or partially withdrawn at any time. However, where the competent authority has already informed the aid applicant of irregularities in the aid application or has given notice to the aid applicant of its intention to carry out an on-the-spot check and this check reveals irregularities, withdrawal shall not be authorised in respect of the parts of the aid application affected by those irregularities. 2. Withdrawal under paragraph 1 shall return the claimant to the situation prior to submitting the aid application or part of the aid application in question. 3. No later than 31 March of each year an analysis of aid applications withdrawn for the previous calendar year shall be carried out to identify the main causes and potential trends at local level.
General principles
Verification shall be by administrative and on-the-spot checks. Administrative checks shall be exhaustive and shall include cross-checks with, inter alia , data from the integrated administration and control system provided for in Chapter II of Title V, Chapter II of Title VI and Articles 47, 61 and 102, paragraph 3 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council ( 9 ) . On the basis of a risk analysis in accordance with Article 22(1) of this Regulation, the competent authorities shall perform on-the-spot checks by sampling at least 5 % of aid applications. The sample must also represent at least 5 % of the amounts covered by the aid. In all appropriate cases, Greece shall make use of the integrated administration and control system.
On-the-spot checks
1. On-the-spot checks shall be unannounced. However, provided that the purpose of the check is not compromised, advance notice limited to the strict minimum necessary may be given. Such notice shall not exceed 48 hours, except in duly justified cases. 2. Where applicable, the on-the-spot checks provided for in this Section shall be carried out in conjunction with any other checks provided for by Union legislation. 3. The aid application or applications concerned shall be rejected if aid applicants or their representatives prevent an on-the-spot check from being carried out.
Selection of aid applicants to be subjected to on-the-spot checks
1. Aid applicants shall be selected to undergo on-the-spot checks by the competent authority on the basis of a risk analysis and the representativeness of the aid applications submitted. The risk analysis shall, as appropriate, take account of: (a) the amount of aid; (b) the number of agricultural parcels and the surface area and, if applicable, the number of animals covered by the aid application, or the quantity produced, transported, processed or marketed; (c) changes in comparison with the previous year; (d) the findings of checks performed in the preceding years; (e) other parameters to be defined by Greece. To provide the element of representativeness, Greece shall randomly select between 20 % and 25 % of the minimum number of aid applicants to be subjected to on-the-spot checks. 2. The competent authority shall keep records of the reasons why specific aid applicants were selected for on-the-spot checks. The inspector performing the on-the-spot check shall be informed of those reasons before beginning the check.
Inspection report
1. Every on-the-spot check shall be the subject of an inspection report relating the details of the checks carried out. Reports shall indicate in particular: (a) the aid schemes and applications checked; (b) the persons present; (c) the agricultural parcels checked, the agricultural parcels measured, the results of the measurements per parcel measured and the measuring methods used; (d) the number and type of animals found and, where applicable, the ear tag numbers, entries in the register and in the computerised database for bovine animals and any supporting documents checked, the results of the checks and, where applicable, particular observations in respect of individual animals or their identification code; (e) the quantities produced, transported, processed or marketed which are covered by the check; (f) whether advance notice was given to the aid applicant of the visit and, if so, how much; (g) any further control measures carried out. 2. Aid applicants or their representatives shall be given the opportunity to sign the report to attest their presence at the check and to add observations. Where irregularities are found the aid applicant shall receive a copy of the inspection report. Where the on-the-spot check is carried out by remote-sensing, Greece may decide not to give the aid applicants or their representatives the opportunity to sign the inspection report if no irregularities are revealed during the check by remote-sensing.
Reductions and exclusions
In the event of a discrepancy between the information declared in the context of aid applications and the findings of the inspections referred to in Section 2, Greece shall apply reductions and exclusions to the aid. Those reductions and exclusions shall be effective and proportionate and shall act as a deterrent.
Exceptions to the application of reductions and exclusions
1. The reductions and exclusions provided for in Article 24 shall not apply where the aid applicant submitted factually correct information or can otherwise show that he or she is not at fault. 2. The reductions and exclusions shall not apply with regard to those parts of the aid application which the aid applicant informs the competent authority in writing are incorrect or have become incorrect since it was lodged, provided that the competent authority has not already informed the aid applicant of its intention to carry out an on-the-spot check or of any irregularity in the application. On the basis of the information given by the aid applicant as referred to in the first subparagraph, the aid application shall be rectified to reflect the actual situation.
Recovery of undue payments and penalties
1. In the event of undue payment, Article 80 of Commission Regulation (EC) No 1122/2009 ( 10 ) shall apply mutatis mutandis . 2. Where the undue payment has been made as a result of a false declaration, false documents or serious negligence on the part of the aid applicant, a penalty shall be imposed equal to the amount unduly paid, with interest calculated in accordance with Article 80(2) of Regulation (EC) No 1122/2009.
Force majeure and exceptional circumstances
In cases of force majeure or exceptional circumstances within the meaning of Article 2(2) of Regulation (EU) No 1306/2013, Article 75 of Regulation (EC) No 1122/2009 shall be applicable mutatis mutandis .
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.