Keywords
Summary

Keywords

Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes

(Council Regulation No 2988/95, Art. 2(2); Commission Regulations No 3887/92, Art. 9(2), and No 2419/2001, Art. 31)

Summary

The second sentence of Article 2(2) of Regulation No 2988/95 on the protection of the European Communities’ financial interests, which provides that in the event of a subsequent amendment of the provisions which impose administrative penalties, the less severe provisions are to apply retroactively, does not apply if, a difference of the declared area which is greater than 20% of the determined area within the meaning of Article 9(2) of Regulation No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes having been found, full repayment of the Community aid initially granted, together with interest, is sought whereas the economic operator concerned contends that the amount of the aid to be repaid might be lower under Article 31(3) of Regulation No 2419/2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Regulation No 3508/92.

Article 31 of Regulation No 2419/2001 does not provide for any penalty and thus cannot constitute an amendment of the penalty under Article 9(2) of Regulation No 3887/92.

(see paras 24-25, operative part)