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Commission Regulation (EC) No 1975/2006 (repealed)Show full title
Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures (repealed)
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- Revised 01/01/20110.44 MB
- Revised 01/01/20100.09 MB
- Revised 01/01/20090.09 MB
- Revised 01/01/20070.09 MB
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Changes over time for: Article 31
Version Superseded: 01/01/2010
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Article 31U.K.Reductions and exclusions
1.Payments shall be calculated on the basis of what is found to be eligible.
The Member State shall examine the payment claim received from the beneficiary, and establish the amounts that are eligible for support. It shall establish:
(a)the amount that is payable to the beneficiary based solely on the payment claim;
(b)the amount that is payable to the beneficiary after an examination of the eligibility of the payment claim.
If the amount established pursuant to point (a) exceeds the amount established pursuant to point (b) by more than 3 %, a reduction shall be applied to the amount established pursuant to point (b). The amount of the reduction shall be difference between those two amounts.
However, no reduction shall be applied if the beneficiary can demonstrate that he/she is not at fault for the inclusion of the ineligible amount. The reductions shall be applied mutatis mutandis to ineligible expenditure identified during checks under Article 28 and 30.
2.If a beneficiary is found to have intentionally made a false declaration the operation in question shall be excluded from support of the EAFRD and any amounts already paid for that operation shall be recovered. Moreover, the beneficiary shall be excluded from receiving support under the same measure for the EAFRD year in question and for the following EAFRD year.
3.The penalties provided for in paragraphs 2 and 3 shall apply without prejudice to additional penalties provided for under national rules.
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