Commission Regulation (EC) No 968/2006Dangos y teitl llawn

CHAPTER VI U.K. REPORTING, CONTROLS AND PENALTIES

Article 23 U.K. Reporting by the undertakings

1. Undertakings applying for restructuring aid shall inform the parties involved in the consultation process referred to in Article 1 of:

(a) the decisions taken by the Member State in accordance with Articles 8, 9, 10 and 11;

(b) what has actually been carried out each year under the approved restructuring plan.

2. Undertakings receiving an aid under the restructuring fund shall submit an annual progress report to the competent authority of the Member State that granted the aid, no later than three months after the end of the marketing year during which the corresponding measures are carried out.

The report shall detail the actions or measures taken and expenses incurred during the preceding marketing year, comparing them to the actions or measures and expenses detailed in the restructuring plan or the business plan concerned.

No later than three months after the implementation of all of the actions and measures foreseen under the restructuring plan or the business plan concerned, the undertaking shall submit to the competent authority of the Member State a final report summarising these actions and measures and the expenses incurred.

Article 24 U.K. Reporting by the Member States

1. Member States shall submit to the Commission annual progress reports concerning the restructuring plans, the national restructuring programmes and the business plans, no later than six months after the end of the marketing year concerned.

Those reports shall contain:

(a) a description of actions or measures undertaken and respect of time-frame;

(b) a statement of the facts according to at least one on-the-spot check per factory site for each restructuring plan or business plan;

(c) a comparison between expenses foreseen and incurred;

(d) an analysis of the involvements of other Community funds and their conformity with the aids financed by the restructuring fund;

(e) if applicable, any changes to a restructuring plan, reasons therefore and implications for the future.

2. [F1 By 30 June 2012 , the Member State shall submit to the Commission a final progress report comparing the actions or measures implemented and the expenses incurred to the ones foreseen in the restructuring plans, the national restructuring programmes and the business plans and explaining the reasons for deviations.]

The final progress report shall also include a list of the penalties applied during the complete period as well as a statement that no levies, penalties or amounts related to the sugar, isoglucose or inulin syrup previously produced by factories partially or fully dismantled have been left unpaid.

Textual Amendments

F1 Substituted by Commission Regulation (EU) No 1204/2009 of 4 December 2009 amending Regulation (EC) No 968/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.

Article 25 U.K. Controls

1. Each undertaking and production site in respect of which an aid is received under the restructuring fund shall be inspected by the competent authority of the Member State within three months after the deadline referred to in Article 23(2).

The inspection shall check that the restructuring plan or business plan is being complied with and shall verify the accuracy and completeness of the information given by the undertaking in the progress report. The first inspection under a restructuring plan shall also verify any additional information given by the undertaking in its application for restructuring aid, in particular the confirmation referred to in Article 4(2)(b) of Regulation (EC) No 320/2006.

2. The inspection shall in all cases cover the elements of the restructuring plan referred to in Article 4(3) of Regulation (EC) No 320/2006. For each inspection a report shall be established, fully describing the work undertaken, the main findings and any follow-up action required.

3. The inspection report shall be divided into the following parts:

(a) a general part, containing, in particular, the following information:

(i)

the beneficiary and the production site subject to the inspection;

(ii)

the persons present;

(iii)

whether notice of the visit was given to the beneficiary and, if so, the period of advance notification;

(b) for each of the elements of the restructuring plan listed in Article 4(3) of Regulation (EC) No 320/2006 and for each business plan, a part reflecting separately the checks carried out and containing, in particular, the following information:

(i)

the requirements and the standards subject to the inspection;

(ii)

the nature and extent of the checks carried out;

(iii)

the findings;

(iv)

the elements of the restructuring plan or business plan in relation to which non-compliances are found;

(c) an evaluation part giving an assessment of the importance of the non-compliance in respect of each element on the basis of its severity, extent, degree of permanence and previous history with an indication of any non-compliance which has led or should lead to the adoption of measures in accordance with Article 26 or 27.

4. The beneficiary shall be informed of any non-compliance found.

5. The inspection report shall be finalised within one month after the inspection.

Article 26 U.K. Recovery

1. Without prejudice to paragraph 3, if a beneficiary does not comply with one or more of his commitments under the restructuring plan, the business plan or a national restructuring programme, as appropriate, the part of the aid granted in respect of the commitment(s) concerned shall be recovered except in the case of force majeure.

2. Interest shall be calculated for the period from the 60th day following that on which the beneficiary is notified of the obligation to repay aid to the day on which the aid is actually repaid.

The interest rate shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by three and a half percentage points.

3. The Member State may grant the beneficiary a period of two months to achieve compliance with the commitment under the restructuring plan or the business plan.

Article 27 U.K. Penalties

1. If a beneficiary does not comply with one or more of his commitments under the restructuring plan, the business plan or the national restructuring programme, as appropriate, it shall be required to pay an amount equal to 10 % of the amount to be recovered under Article 26.

2. The penalties to be imposed pursuant to paragraph 1 shall not be imposed if the undertaking can demonstrate, to the satisfaction of the competent authority, that the non-compliance is due to force majeure and if it has clearly identified the non-compliance in the progress report submitted in accordance with Article 23(2).

3. If the non-compliance has been committed intentionally or as a result of grave negligence, the beneficiary shall be required to pay an amount equal to 30 % of the amount to be recovered under Article 26.