Portaria n.º 351/2006, de 11 de Abril de 2006
Portaria n.º 351/2006 de 11 de Abril De acordo com o n.º 3.º da Portaria n.º 457/2005, de 2 de Maio, os projectos aprovados ao abrigo das Portarias n.os 685/2000, de 30 de Agosto, e 1259/2001, de 30 de Outubro, que não tivessem sido objecto de um pedido de pagamento antecipado deviam encontrar-se totalmente executados e o pedido de pagamento efectuado até 31 de Maio de 2005, sob pena de serem recuperados os valores das ajudas já pagos.
Verifica-se, porém, que a recuperação daqueles valores não deve ser aplicada a situações que não se podem entender como similares, designadamente quando se trata de situações de verificação ou não da execução dos projectos até 31 de Maio de 2005.
Exigências decorrentes do princípio da equidade determinam que situações diferentes devam ser tratadas de modo diferente, na exacta medida da diferença.
Nesta conformidade, entende-se que, sendo o objectivo substancial do apoio a integral execução do projecto, não deva uma mera condição processual resultante do incumprimento do prazo para efectuar o pedido de pagamento determinar a recuperação de todos os pagamentos já efectuados relativamente a projectos que foram efectivamente realizados até 31 de Maio de2005.
Assim: Manda o Governo, pelo Ministro da Agricultura, do Desenvolvimento Rural e das Pescas, nos termos do disposto no artigo 2.º do Decreto-Lei n.º 83/97, de 9 de Abril, o seguinte: 1.º À Portaria n.º 457/2005, de 2...
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