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Regulation (EU) No 1306/2013 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
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Changes over time for: Article 91
Version Superseded: 26/03/2021
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Regulation (EU) No 1306/2013 of the European Parliament and of the Council, Article 91 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Article 91U.K.General principle
1.Where a beneficiary referred to in Article 92 does not comply with the rules on cross-compliance as laid down in Article 93, an administrative penalty shall be imposed on that beneficiary.
2.The administrative penalty referred to in paragraph 1 shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one, or both, of the following additional conditions are met:
(a)the non-compliance is related to the agricultural activity of the beneficiary;
(b)the area of the holding of the beneficiary is concerned.
[F1With regard to forest areas, however, this penalty shall not apply in so far as no support is claimed for the area concerned in accordance with point (a) of Article 21(1), and Articles 30 and 34 of Regulation (EU) No 1305/2013.]
3.For the purpose of this Title the following definitions shall apply:
(a)'holding' means all the production units and areas managed by the beneficiary referred to in Article 92 situated within [F2Wales] [F3England] [F4Scotland] [F5Northern Ireland];
(b)"requirement" means each individual statutory management requirement F6... referred to in Annex II within a given act, differing in substance from any other requirements of the same act.
Textual Amendments
F1Words in Art. 91(2) omitted (W.) (31.12.2020 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(13)(a)
F2Word in Art. 91(3)(a) substituted for “the United Kingdom” (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(13)(b)
F3Word in Art. 91(3)(a) substituted for “the United Kingdom” (E.) (1.1.2021) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 4(6)
F4Word in Art. 91(3)(a) substituted for “the United Kingdom” (S.) (1.1.2021) by The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 3(4)
F5Words in Art. 91(3)(a) substituted for “the United Kingdom” (N.I.) (25.2.2021) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 12
F6Words in Art. 91(3)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(1)(b); and words in Art. 91(3)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(1)(b); 2020 c. 1, Sch. 5 para. 1(1)
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