Vol. 477 No. 2
272 Mr. O'Malley asked the Minister for Agriculture, Food and Forestry the reason he refuses to implement Article 11 (3) and (4) of the Export Refund Regulation EC 3665/87 which requires, where a refund is unduly paid by a member state, that the beneficiary shall reimburse the amount unduly paid, plus interest. [8715/97]
Commission Regulation (EEC) 3665/87 lays down common detailed rules for the application of the system of export refunds on agricultural products. Article 11 paragraphs (3) and (4) of that regulation were introduced by way of an amending Commission Regulation (EC) No. 2945/94. These provisions apply only to export refund claims submitted as and from 1 April 1995.
I can assure the Deputy that all of the provisions of regulation (EEC) 3665/87 are being implemented in full by my Department. Specifically the provisions of Article 11 have been applied in approximately 85 cases in the beef sector since coming into force.
I can also assure the Deputy that recovery procedures are initiated in all cases where there is sufficient evidence to show that export refunds were unduly paid, whether under the current provisions of regulation 3665/87 or, in the case of older files, the provisions which applied at the relevant time.
