HC Deb 01 April 2004 vol 419 c1557W
Miss McIntosh

To ask the Secretary of State for Environment, Food and Rural Affairs under what Act the Rural Payment Agency is able to(a) demand money back from farmers and (b) deduct money from future payments after resolution of disputes over the slaughter premium scheme. [164599]

Alun Michael

A member state is obliged to recover any monies paid if an undue payment is made.

The basis upon which undue payments are recovered for Integrated Administration and Control System schemes, of which the Slaughter Premium Scheme is one, is Article 49 of Commission Regulation (EC) No. 2419/2001 laying down the detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92.

The point raised at (a) is covered under paragraph 1 of this article; If undue payment is made, the farmer shall repay the amount in question plus interest calculated in accordance with the time the undue payment was made and the repayment date and in accordance with the provisions of the national law.

The point raised at (b) is covered by Article 38 of Commission Regulation (EC) No. 2419/2001; If the percentage established in accordance with paragraph 3 is more than 50% the farmer shall, moreover, be excluded once again from receiving aid up to an amount equal to that to be refused under the first subparagraph. This amount shall be offset against aid payments under the bovine aid schemes to which the farmer is entitled in the context of application he lodges in the course of the three calendar years following the calendar year of the finding.