Article 10Recovery of refunds and sanctions

1

Without prejudice to Chapter 2 of Title IV of Commission Regulation (EC) No 800/1999, where it is found that a document presented by a tenderer for the attribution of the rights deriving from this Regulation provides for incorrect information and where the incorrect information concerned is decisive for the attribution of that right, the competent authorities of the Member State shall exclude the tenderer from participating in the scheme of granting export refunds through a tendering procedure for the products covered by the procedure in question, for a period of one year from the moment when a final administrative decision establishing the irregularity has been made.

2

Paragraph 1 shall not apply if the applicant proves, to the satisfaction of the competent authorities that the situation referred to in paragraph 1 is not due to his gross negligence or that it is due to force majeure or to obvious error.

3

Member States shall inform the Commission of the cases of application of paragraph 1. The Commission shall keep the information available to the other Member States.

F14

The notification of information referred to in paragraph 3 shall be made in accordance with Commission Regulation (EC) No 792/200914.