Regulation 1977/2894 - Amendment of Regulation (EEC) No 858/72 on certain administrative and financial procedures for the operation of the European Social Fund - Main contents

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Council Regulation (EEC) No 2894/77 of 20 December 1977 amending Regulation (EEC) No 858/72 on certain administrative and financial procedures for the operation of the European Social Fund

Official Journal L 337 , 27/12/1977 P. 0005 - 0006

Greek special edition: Chapter 05 Volume 2 P. 0221

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COUNCIL REGULATION ( EEC ) NO 2894/77

OF 20 DECEMBER 1977

AMENDING REGULATION ( EEC ) NO 858/72 ON CERTAIN ADMINISTRATIVE AND FINANCIAL PROCEDURES FOR THE OPERATION OF THE EUROPEAN SOCIAL FUND

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 127 AND 209 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,

WHEREAS , IN THE LIGHT OF EXPERIENCE AND OF THE DEVELOPMENT OF THE EMPLOYMENT SITUATION IN THE COMMUNITY , THE GENERAL RULES GOVERNING THE ACTION AND OPERATION OF THE FUND SHOULD BE IMPROVED AND IN PARTICULAR COUNCIL REGULATION ( EEC ) NO 858/72 OF 24 APRIL 1972 ON CERTAIN ADMINISTRATIVE AND FINANCIAL PROCEDURES FOR THE OPERATION OF THE EUROPEAN SOCIAL FUND ( 3 ) SHOULD BE AMENDED ;

WHEREAS , IN ORDER TO SIMPLIFY AND SPEED UP THE PROCEDURES FOR THE GRANTING AND PAYMENT OF ASSISTANCE FROM THE FUND , SUCH PROCEDURES SHOULD BE CHANGED AND SHOULD IN PARTICULAR PROVIDE FOR THE POSSIBILITY OF PAYMENT OF ADVANCES AT THE REQUEST OF THE MEMBER STATE CONCERNED ;

WHEREAS PROVISION SHOULD BE MADE FOR ARRANGEMENTS WHEREBY SUMS ALREADY PAID , PARTICULARLY THOSE PAID IN ADVANCE , CAN BE RECOVERED IN CASES WHERE IRREGULARITIES OR SUBSTANTIAL CHANGES OCCUR IN THE NATURE OR CONDITIONS OF AN OPERATION ;

WHEREAS THE MEMBER STATES SHOULD SUBMIT CLAIMS FOR PAYMENT TO THE COMMISSION AND CERTIFY THEIR ACCURACY ;

WHEREAS TRANSITIONAL PROVISIONS SHOULD BE LAID DOWN TO ENABLE THE NEW RULES TO BE IMPLEMENTED PROGRESSIVELY AND TO SPEED UP THE SETTLEMENT OF CLAIMS FOR PAYMENT ALREADY APPROVED BY THE COMMISSION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 858/72 SHALL BE AMENDED AS FOLLOWS :

1 . THE WORDS " ( OR , IN MEMBER STATES WHERE THIS CONCEPT IS UNKNOWN , FROM EQUIVALENT ENTITIES ) " SHALL BE ADDED AFTER THE WORDS " OR OTHER ENTITY GOVERNED BY PRIVATE LAW " IN ARTICLE 2 ( 1 ) .

2 . ARTICLE 3 SHALL BE REPLACED BY THE FOLLOWING :

" ARTICLE 3

1 . THE COMMISSION SHALL ACKNOWLEDGE RECEIPT OF ALL APPLICATIONS FOR ASSISTANCE . IT SHALL DECIDE ON APPLICATIONS FOR ASSISTANCE PROPERLY SUBMITTED AND SHALL NOTIFY THE MEMBER STATE CONCERNED , WHICH SHALL INFORM THE PARTY RESPONSIBLE FOR THE OPERATION , OF ALL DECISIONS GRANTING OR REFUSING APPROVAL .

2 . DECISIONS GRANTING APPROVAL SHALL SPECIFY THE TOTAL AMOUNT OF THE APPROPRIATIONS MADE AVAILABLE BY WAY OF ASSISTANCE FROM THE FUND , BROKEN DOWN INTO INSTALMENTS IN THE CASE OF MULTIANNUAL OPERATIONS . "

3 . ARTICLE 4 SHALL BE REPLACED BY THE FOLLOWING :

" ARTICLE 4

1 . AN AMOUNT EQUAL TO 30 % OF THE ASSISTANCE GRANTED SHALL BE PAID , BY WAY OF ADVANCE , AS SOON AS THE MEMBER STATE CONCERNED HAS CERTIFIED THAT THE OPERATION HAS BEGUN . WHERE APPROPRIATE , THE COMMISSION SHALL INFORM THE PARTY RESPONSIBLE FOR THE OPERATION THAT THE PAYMENT HAS BEEN MADE .

A SECOND ADVANCE , UP TO AN EQUAL AMOUNT , MAY BE PAID AS SOON AS THE MEMBER STATE HAS CERTIFIED THAT HALF THE OPERATION HAS BEEN CARRIED OUT WITHIN THE FRAMEWORK OF THE CONDITIONS LAID DOWN IN THE DECISION GRANTING APPROVAL .

WHERE A DECISION GRANTING APPROVAL RELATES TO MULTIANNUAL OPERATIONS :

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  ADVANCES SHALL BE PAID ON THE BASIS OF EACH INSTALMENT ,

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  ADDITIONAL PAYMENTS MAY BE MADE AFTER THE COMPLETION OF EACH INSTALMENT AS SOON AS THE COMMISSION HAS RECEIVED A CLAIM FOR PAYMENT FROM THE MEMBER STATE CONCERNED ACCOMPANIED BY A REPORT ON THE COMPLETION OF THE INSTALMENT AND , IF THE ASSISTANCE IS...

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