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Delegated act on irrecoverable amounts (IRR) ( Fiche 34, version 2, 25 November 2014)

Delegated act on irrecoverable amounts (IRR) ( Fiche 34, version 2, 25 November 2014). leif.hognas@ec.europa.eu DG Regional and Urban Policy. Focus of the presentation. - the changes made following the meeting of 1 October - the key provisions.

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Delegated act on irrecoverable amounts (IRR) ( Fiche 34, version 2, 25 November 2014)

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  1. Delegated act on irrecoverable amounts (IRR) (Fiche 34, version 2, 25 November 2014) leif.hognas@ec.europa.euDG Regional and Urban Policy

  2. Focus of the presentation - the changes made following the meeting of 1 October - the key provisions

  3. Legal basis under Article 122(2) CPR (4th subparagraph) "When amounts unduly paid to a beneficiary cannot be recovered and this is a result of fault or negligence on the part of a Member State, the Member State shall be responsible for reimbursing the amounts concerned to the budget of the Union."

  4. Legal basis under Article 122(2) CPR (4th subparagraph) "Member States may decide not to recover an amount unduly paid if the amount to be recovered from the beneficiary, not including interest, does not exceed EUR 250 in contribution from the Funds."

  5. Detailed request from MS via SFC Detailed information on irrecoverable amounts to be submitted by Member States via SFC by 15 February of the following financial year, from 2016 including 2025 (template in Annex): - Table 1: amounts above EUR 250 - Table 2: amounts below EUR 250

  6. Table 1: amounts above EUR 250 - detailed information to be provided at the level of operations; - Member States to fill in columns a to q; - for reimbursement purposes, the co-financing rate at priority level, as laid down in the financing plan in force at the time of the request, shall apply.

  7. Table 2: amounts below EUR 250 - information shall be limited to the aggregate amount at priority level of amounts below EUR 250; - no other information shall be requested.

  8. By 31 October of the year in which the accounts were submitted, the Commission services may a) request the Member State in writing to submit further information on the administrative and legal measures taken; or b) inform the Member State in writing about their intention to open an enquiry or request that the Member State continue its recovery procedure

  9. If the Commission did not contact the Member State… In case the Commission services have not contacted the Member State by 31 October, the Union contribution shall not be reimbursed by the Member State

  10. Additional provisions on timelines - the Member State has two months to reply to the Commission services' request for information; - in case the Member State has not submitted the additional requested information, the Commission services shall conclude its assessment on the basis of the information received so far; - the deadline of 31 October shall not apply to cases involving irregularities preceding a bankruptcy nor cases of suspected fraud.

  11. Determination of fault or negligence - non-exhaustive list of elements indicating fault or negligence are set out in draft Article 2; - fulfilment of one or more of the elements does not automatically mean that the Member State has acted with fault or negligence; - the Commission services' assessment shall take due account of specific circumstances and the national institutional and legal framework.

  12. Decision by the Commission - the Commission services have two months from the time they received the reply from the Member State, or in the absence of a reply, from the time they should have received it, to take a decision; - the decision and its form shall be determined by the responsible Authorising Officer by Delegation.

  13. Reimbursement of any amounts due to the Union budget Any resulting reimbursement of amounts due to the budget of the Union shall be executed through a recovery order from the Commission which shall be offset, whenever possible, against amounts due under a subsequent request for payment to the same operational programme.

  14. Thank you for your attention! • Questions and remarks?

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