Commission Regulation (EC) No 612/2009Dangos y teitl llawn

Article 47 U.K.

1. In circumstances where all requirements laid down by Community rules for showing entitlement to a refund other than compliance with one of the time limits laid down in Articles 7(1), 16(1) and 37(1) have been met, the following rules shall apply:

(a) the refund shall first be reduced by 15 %;

(b) the remainder of the refund, hereinafter referred to as the ‘reduced refund’, shall be further reduced as follows:

(i)

2 % of the reduced refund shall be lost for each day by which the time limit laid down in Article 16(1) is exceeded;

(ii)

5 % of the reduced refund shall be lost for each day by which the time limit laid down in Article 7(1) is exceeded; or

(iii)

10 % of the reduced refund shall be lost for each day by which the time limit laid down in Article 37(1) is exceeded.

2. Where proof that all the requirements laid down by Community regulations have been fulfilled is provided within six months of expiry of the time limits laid down in Article 46(2) and (4), the refund paid shall be 85 % of the sum that would have been paid had all the requirements been fulfilled.

Where proof that all the requirements laid down by Community regulations have been fulfilled is provided within six months of expiry of the time limits laid down in Article 46(2) and (4) but the time limits laid down in Articles 7(1), 16(1) or 37(1) are exceeded, the refund paid shall be equal to the refund reduced in accordance with paragraph 1 of this Article, less 15 % of the sum that would have been paid had all the time limits been met.

F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The total refund lost may not exceed the full refund that would have been paid had all the requirements been fulfilled.

5. For the purposes of this Article, failure to meet the time limit laid down in Article 36(1) shall rank as failure to meet the time limit laid down in Article 7(1).

6. Where Article 4(2) and/or Article 25(3) and/or Article 48 apply:

• the reductions provided for in this Article shall be calculated on the basis of the refund payable pursuant to Article 4(2) and/or Article 25(3) and/or Article 48,

• refunds lost pursuant to this Article shall not exceed those payable pursuant to Article 4(2) and/or Article 25(3) and/or Article 48.

Textual Amendments

F1 Deleted by Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro.