Regulation 2005/2035 - Amendment of Regulation (EC) No 1681/94 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organisation of an information system in this field - Main contents
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official title
Commission Regulation (EC) No 2035/2005 of 12 December 2005 amending Regulation (EC) No 1681/94 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organisation of an information system in this field| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2005/2035 |
| CELEX number i | 32005R2035 |
| Document | 12-12-2005 |
|---|---|
| Publication in Official Journal | 21-11-2006; Special edition in Romanian: Chapter 14 Volume 001,Special edition in Bulgarian: Chapter 14 Volume 001,OJ L 328, 15.12.2005,OJ L 321M , 21.11.2006 |
| Effect | 18-12-2005; Entry into force Date pub. + 3 See Art 3 01-01-2006; Application See Art 3 |
| End of validity | 15-01-2007; Implicitly repealed by 32006R1828 |
15.12.2005 |
EN |
Official Journal of the European Union |
L 328/8 |
COMMISSION REGULATION (EC) No 2035/2005
of 12 December 2005
amending Regulation (EC) No 1681/94 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organisation of an information system in this field
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1), and in particular Article 53(2) thereof,
After consulting the committee established under Article 147 of the Treaty, the Committee on Agricultural Structures and Rural Development and the Standing Management Committee on Fisheries Structures,
Whereas:
(1) |
Article 54 of Regulation (EC) No 1260/1999 repealed Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2). |
(2) |
Article 54 of Regulation (EC) No 1260/1999 provides that references to the repealed Regulation (EEC) No 4253/88 should be construed as references to Regulation (EC) No 1260/1999. Accordingly, Commission Regulation (EC) No 1681/94 (3) applies to the measures adopted under Regulation (EC) No 1260/1999. |
(3) |
Regulation (EC) No 1681/94 should be updated in order to enhance the effectiveness of the system for reporting irregularities. |
(4) |
For reasons of legal certainty, it is necessary to clearly specify that the provisions of Regulation (EC) No 1681/94 must also apply to all forms of financial assistance under Regulation (EC) No 1260/1999 as they are described in Regulation (EC) No 1783/1999 of the European Parliament and of the Council of 12 July 1999 on the European Regional Development Fund (4), in Regulation (EC) No 1784/1999 of the European Parliament and of the Council of 12 July 1999 on the European Social Fund (5), in Council Regulation (EC) No 1263/1999 of 21 June 1999 on the financial instrument for fisheries guidance (6), and in Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (7). |
(5) |
It is necessary to clarify to what extent a Member State participating in cross-border transnational and interregional cooperation under Article 20(1)(a) of Regulation (EC) No 1260/1999, known as the ‘Interreg’ programmes, or in any other programmes having a transnational character, are required to notify irregularities. |
(6) |
It is necessary to specify that the definition of ‘irregularity’ used for the purposes of Regulation (EC) No 1681/94 is taken from Article 1(2) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (8). |
(7) |
It is necessary to define the term ‘suspected fraud’, taking account of the definition of fraud contained in the Convention of 26 July 1995 on the protection of the European Communities’ financial interests (9). |
(8) |
It is necessary to establish that the definition of ‘First administrative or judicial finding of fact’ is taken from Article 35 of Council Regulation (EC) No 1290/2005 relating to the financing of the common agricultural policy (10). |
(9) |
It is also necessary to define the terms ‘bankruptcy’ and ‘economic operator’. |
(10) |
In order to enhance the added value of the reporting system, the obligation... |
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