Withholding and recovery of extensification paymentsU.K.
8. The appropriate authority may withhold, or recover on demand, the whole or any part of any extensification payment claimed from or granted by him or it in any of the following circumstances—
(a)where the grant of an extensification payment to the claimant in question would not, or does not, comply with the Community rules;
(b)where the claimant in question has complied with a stocking density requirement laid down in Article 13(2) of Council Regulation 1254/1999 only by removing bovine animals from his holding otherwise than in accordance with normal husbandry practice;
(c)where, pursuant to regulation 11(4) of the Beef Special Premium Regulations 1996 M1 or regulation 3A(4) of the Suckler Cow Premium Regulations 1993 M2 (which prescribe penalties for overgrazing land), the appropriate authority withholds or recovers from the claimant in question any beef special premium or suckler cow premium;
(d)where, pursuant to regulation 12 of the Beef Special Premium Regulations 1996 or regulation 3B of the Suckler Cow Premium Regulations 1993 (which prescribe penalties for using unsuitable supplementary feeding methods), the appropriate authority reduces or withholds the amount of beef special premium or suckler cow premium otherwise payable to the claimant in question;
(e)where the claimant in question, or an officer, employee, servant or agent of that claimant, intentionally obstructs an authorised person, or a person accompanying an authorised person and acting under his instructions, from exercising any power conferred by regulations 11 or 12, or fails without reasonable excuse to comply with a requirement made by an authorised person under regulation 12, or with a request made by an authorised person under regulation 13;
(f)where the claimant in question has failed to supply the information or documents required by the appropriate authority pursuant to regulation 6, or has failed to supply it or them within the required period;
(g)where the claimant in question fails, in the reasonable opinion of the appropriate authority, to keep any claimant’s document in a form which is accurate and up to date; and
(h)where the claimant in question, when so requested by an authorised person requiring information pursuant to regulation 12(a), is unable to demonstrate that he can ascertain the number of bovine animals of six months of age or more on his holding on any day of the calendar year for which an extensification payment has been or will be granted.
Marginal Citations
M1S.I. 1996/3241, amended by S.I. 1999/1179.
M2S.I. 1993/1441, amended by S.I. 1994/1528, 1995/15, 1995/1446, 1996/1488, 1997/249.