Commission Delegated Regulation (EU) 2023/1448 of 10 May 2023 amending Delegated Regulation (EU) 2022/127 as regards the payment of advances under the school scheme and correcting that Regulation

• CELEX: Delegated Regulation (EU) 2023/1448
• Articles: 3

Article 1 Amendment to Delegated Regulation (EU) 2022/127

In Chapter IIIa of Delegated Regulation (EU) 2022/127, the following Article is added:

‘Article 15b

Specific conditions for the payment of advances referred to in Article 44(3b) of Regulation (EU) 2021/2116

1.   The payment of advances referred to in Article 44(3b) of Regulation (EU) 2021/2116 shall not exceed 80 % of the aid which aid applicants are entitled to for the implementation of one or more of the following activities in the course of the school year:

(a)

the supply or distribution of products to children;

(b)

accompanying educational measures;

(c)

monitoring or evaluation actions;

(d)

publicity.

2.   The payment of advances referred to in paragraph 1 shall be subject to the lodging of a security at least equivalent to the amount of the advance.

3.   By way of derogation from Article 19, the competent authority may also waive the security requirement where the party responsible for meeting the obligation is a public authority.’.

Article 2 Correction of Delegated Regulation (EU) 2022/127

Article 28 of Delegated Regulation (EU) 2022/127 is corrected as follows:

(1)

the title is replaced by the following:

‘Release and forfeiture of securities’;

(2)

paragraph 2 is replaced by the following:

‘2.   Once the deadline for proving final entitlement to the sum granted has passed without production of evidence of entitlement, the competent authority shall immediately forfeit the security in accordance with the procedure laid down in Article 56 of Commission Implementing Regulation (EU) 2022/128  ( * ) .

However, where specific Union rules so provide, evidence may still be produced after that date against partial repayment of the security.

( * )   Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance of accounts, checks, securities and transparency ( OJ L 20, 31.1.2022, p. 131 ).’."

Article 3 Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union .