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Commission Implementing Regulation (EU) 2022/128 Section 1 — Recovery of debts

Article 30–Article 31 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Recovery of undue payments

Article 30

1.   For any undue payment following the occurrence of irregularity or negligence, Member States shall set up a system ensuring a recovery request from the beneficiaries within a reasonable time frame after where applicable, the paying agency or body responsible for the recovery received a control report or similar document, stating that an irregularity has taken place. The system shall ensure that the corresponding amounts are recorded at the time of the recovery request in the debtors' ledger of the paying agency. 2.   The Member States shall have a system in place to ensure that the recovery procedures, including calculation of interest in accordance with the applicable national laws, regulations and administrative provisions referred to in Article 59(1) of Regulation (EU) 2021/2116, off-setting and enforcement of unduly paid amounts, are launched and followed up in a timely manner. The follow up of a debt according to the applicable national recovery procedure shall be ensured and the recovered amounts shall be reimbursed to the Funds in due time. 3.   The correction of a debt towards the Funds shall only take place if the absence of any irregularity is recorded by an administrative or legal instrument of a final nature. 4.   The Member States shall properly justify the write-off of a debt and the decision not to pursue the recovery of a debt in accordance with the applicable national rules.

Recovery by offsetting

Article 31

Without prejudice to any other enforcement action provided for by national law, Member States shall offset any undue amount arising from a pending irregularity of a beneficiary established in accordance with national law against any future payments in favour of that beneficiary, to be made by the paying agency responsible for the recovery of the debt.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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