10. Plăți de agro-mediu. Condiții de acordare și posibilitatea recuperării lor în cazul neîndeplinirii obligației de menținere a suprafeței declarate timp de 5 ani
10. Agro-environmental payments. Conditions for grant and the possibility of recovering them in case of non-performance of the obligation to maintain the declared area for a period of 5 years

Summary/Abstract: According to the European norms, farming and environmental payment commitments are generally undertaken for a period of 5 to 7 years, and if the circumstances justify it, a longer period may be set, for certain types of specific commitments. The internal norms, relying on the previous European regulations, mandatory for the member states as on the accession date, stipulate the obligation to maintain the adequate surface areas during the performance of the program, under the sanction of the exclusion from payment. Considering that the payment commitment has been signed (May 20, 2008), stipulating the termsandconditionsfor the granting of the farming and environmental payment, the non-acknowledgement of the terms under which the subsidy may be granted and the undertaken obligations cannot be retained, the ignorance of the supranational norms and the fact that the recovery and the sanctions are stipulated in norms subsequent to the subsidy application cannot be invoked, considering that the internal norms have been adopted based on the European norms stipulated in the previous EC Regulations, generally, directly, and mandatorily applicable on the territory of the European Union. The concrete procedure for the recovery of the amounts must be performed pursuant to the norm in force upon the draw up of the administrative acts, but the sanctions concerning the loss of subsidies were present in the European regulations (also transferred into the national law) upon the execution date.

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