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Commission Implementing Regulation (EU) 2022/128 Section 1 — Scope, information technology, force majeure

Article 49–Article 51 · 3 articles

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

Scope

Article 49

This Chapter shall apply in all cases where the agricultural legislation provides for a security, whether or not the particular term ‘security’ is used. This Chapter shall not apply to securities lodged to ensure payment of import and export duties referred to in Regulation (EU) No 952/2013 of the European Parliament and of the Council  ( 25 ) .

e-Administration

Article 50

Communications, documents and securities may be produced, processed, and managed by using IT systems on condition that the systems applicable are managed under the officially approved quality and security protocols fit for those systems. If competent authorities cannot access required documents for verification because of differences in IT systems, those documents shall be printed out and certified as genuine by the authority competent for the management of those IT systems (‘the issuing authority’) or by an authority competent for certifying documents as genuine copies. Such print-outs may be replaced by an electronic message between the issuing authority and the beneficiary or the competent authority, on condition that the issuing authority provides in an officially approved certification protocol ensuring the genuineness of the message.

Force majeure time limits

Article 51

1.   This Article shall apply when a specific Regulation refers to it. 2.   A request for recognition of a case of  force majeure  shall not be admissible if it is received by the competent authority more than 30 calendar days after the date on which the operator was informed by the competent authority of the established non-fulfilment of the relevant obligation within the meaning of Article 24(2) of Delegated Regulation (EU) 2022/127, the expiry of the time limit for the fulfilment of the relevant obligation as referred to in Article 24(3) of that Regulation or the expiry of the time limit for the presentation of the proof for the fulfilment of the relevant obligation as referred to in Article 24(4) of that Regulation. 3.   Operators shall, to the competent authority’s satisfaction, provide proof of the circumstances which they consider to constitute  force majeure  within 181 calendar days of the expiry of the period in which the obligation had to be fulfilled completely. Operators may be granted further time if they are unable to produce proof within that time limit despite having acted with all due diligence. 4.   Member States shall notify the Commission of the cases of  force majeure  they have recognised, providing the relevant information of each case.

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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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