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Recovery and information system for money wrongly paid in connection with the financing of the common agricultural policy

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Recovery and information system for money wrongly paid in connection with the financing of the common agricultural policy

The European Union (EU) intends to intensify the fight against irregularities and promote the recovery of money wrongly paid in connection with the financing of the common agricultural policy (CAP). It is important that there should be better cooperation between Member States and the Commission in this area. This Regulation lays down rules for the systematic communication of information to the Commission by Member States and obligations for protecting the financial interests of the Community.

ACT

Commission Regulation (EC) No 1848/2006 of 14 December 2006 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organisation of an information system in this field and repealing Council Regulation (EEC) No 595/91.

SUMMARY

This Regulation aims to improve the Community's response to irregular practices. It requires Member States to submit a quarterly report to the Commission listing all irregularities they have detected (and with an impact of more than EUR 10 000). Member States are required to inform the Commission of national procedures to impose administrative or criminal sanctions and – if the Commission requests them to do so – to provide details of any progress made in recovering money from beneficiaries who have committed irregularities with a detrimental effect on EAGF and EAFRD Community funding.

Quarterly report to the Commission

Within two months following the end of each quarter, Member States must report to the Commission any irregularities which have been the subject of a primary administrative or judicial finding. This report should be accompanied by information concerning the type and the amount of expenditure, the practices used to commit the irregularity, the identity of those implicated and the progress of administrative and legal proceedings. If some of this information is not available when the initial report is submitted, Member States must communicate it in subsequent quarterly reports.

Reporting to other Member States

Each Member State has to report to the Commission and the other Member States concerned any irregularities which it is feared may very quickly have repercussions outside its territory or which show that a new malpractice has been employed.

The Cocolaf

Once a year, the Commission provides the Advisory Committee for the Coordination of Fraud Prevention (Cocolaf) with a summary report of its work under this Regulation.

Key terms in the Act

  • Irregularity: defined in Article 1(2) of Council Regulation (EC, Euratom) No 2988/95
  • Primary administrative or judiciary finding: defined in Article 35 of Regulation (EC) No 1290/2005
  • Suspected fraud: defined in Article 1a point (4) of Regulation (EC) No 1681/94
  • Economic operator: defined in Article 1a point (2) of Commission Regulation No 1681/94 1290/2005

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1848/2006

18.12.2006

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OJ L 355, 15.12.2006

Last updated: 23.07.2006

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