5.4In het werkdocument heeft de Europese Commissie over kennelijke fouten onder meer het volgende vermeld:
“(…)
Notwithstanding this provision, the Commission services would emphasise several underlying conditions that, in their view, are pertinent:
• Firstly, decisions to apply or not the “obvious error” concept depend on the overall
facts and circumstances of each individual case, and the competent authority must be
satisfied with the
obviousnature of the error involved. Consequently the concept of
obvious error may not be applied in a systematic manner but should involve an
examination of each and every case individually.
In line with these underlying conditions, the Commission services provides the following
guidance:
1. As a general rule, an obvious error has to be detected from information given in the
aid application form submitted i.e. where an administrative check on the coherence
of the documents and the information submitted to support the claim (especially the
application form, supporting documents, declarations etc.) reveals such errors.
Furthermore, acceptance of such an obvious error is independent of the means by
which these checks are carried out, which may be visually, manually or
electronically.
Where Member States have installed computerised procedures to check aid
applications, cross-checks with the standing database(s) could also constitute a
coherence check if the data contained in such computerised database(s) complement,
or are an integral part of, the aid application procedure. However, in this instance,
the obvious error concept may usually be applied only if the farmer himself has
furnished the conflicting information, or if it has been furnished on his behalf. (…)
The following examples indicate some categories of irregularities that
mayusually be
considered as obvious errors:
a) Errors of a purely clerical nature that are obvious during a basic examination
of the claim:
- Boxes not filled in or information lacking;
- Erroneous statistical or bank code.
b) Errors detected as a result of a coherence check (contradictory information):
- Arithmetical mistakes;
- Inconsistencies between the information provided in the same aid application form (e.g. a parcel or an animal declared twice in the same claim);
- Inconsistencies between the information supporting the aid application and
the application itself (e.g. maps or passports not in agreement with details
in the application);
- Parcels declared for two types of use (e.g. dried fodder/forage, arable crops/set-aside/forage).
2. Errors detected as a result of cross-checks of aid applications with independent
databases (e.g. land registers) may not be considered automatically or systematically
as obvious errors. An error cannot be judged as obvious on the grounds that a
Member State has set up an effective system for detecting irregularities.
Nevertheless, one cannot exclude the possibility of an error being obvious, even if
the source of the information used to detect the error does not come from the farmer
himself. Furthermore, those errors caused by incorrect transcription of identification
numbers or references, which are detected during a cross-check of the application
with databases, might normally be classified as obvious errors. (…)
4. The competent authority has to be convinced that the error is genuine i.e. that the
farmer acted in good faith. There should be no possibility that fraud or dishonesty is
involved, and the onus is on the farmer in the first instance to show that there has
been an obvious error. If a farmer makes the same or a similar mistake on more than
one occasion, the scope for consideration as an obvious error becomes more
restricted.