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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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Version Superseded: 01/07/2023

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Point in time view as at 28/02/2023.

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Regulation (EU) No 1306/2013 of the European Parliament and of the Council, TITLE IV is up to date with all changes known to be in force on or before 30 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. Help about Changes to Legislation

TITLE IVU.K.FINANCIAL MANAGEMENT F1...

CHAPTER IU.K.[F2Direct payment support] [F3CMO support]

Section 1U.K.Financing of expenditure

F4Article 16U.K.Budget ceiling

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Textual Amendments

F4Arts. 16-19 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 16-19 omitted (31.12.2020 in so far as they relate 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, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

F4Article 17U.K.Monthly payments

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Textual Amendments

F4Arts. 16-19 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 16-19 omitted (31.12.2020 in so far as they relate 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, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

F4Article 18U.K.Procedure for monthly payments

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Textual Amendments

F4Arts. 16-19 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 16-19 omitted (31.12.2020 in so far as they relate 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, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

F4Article 19U.K.Administrative and personnel costs

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Textual Amendments

F4Arts. 16-19 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 16-19 omitted (31.12.2020 in so far as they relate 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, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 20U.K.Public intervention expenditure

F51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F62.The appropriate authority may make regulations in relation to public intervention expenditure concerning:

(a)the types of measures eligible for financing and the reimbursement conditions;

(b)the eligibility conditions and calculation methods based on the information actually observed by the paying agencies or based on flat-rates prescribed in regulations by the appropriate authority, or based on flat-rate or non-flat-rate amounts provided for by the sectoral agricultural legislation.

3.The appropriate authority may make regulations laying down the rules on the valuation of operations in connection with public intervention, the measures to be taken in the case of loss or deterioration of products under the public intervention, and on the determination of the amounts to be financed.]

[F73A.This Article does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

F84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Art. 20(1) 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, 6(4); 2020 c. 1, Sch. 5 para. 1(1)

F8Art. 20(4) 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, 6(4); 2020 c. 1, Sch. 5 para. 1(1)

F9Article 21U.K.Acquisition of satellite images

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Textual Amendments

F9Arts. 21-25 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F9Article 22U.K.Monitoring of agricultural resources

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Textual Amendments

F9Arts. 21-25 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F9Article 23U.K.Implementing powers

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Textual Amendments

F9Arts. 21-25 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Section 2U.K.Budget discipline

F9Article 24U.K.Compliance with the ceiling

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Textual Amendments

F9Arts. 21-25 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F9Article 25U.K.Reserve for crises in the agricultural sector

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Textual Amendments

F9Arts. 21-25 omitted (31.1.2020 in so far as they relate 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), 6(3); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F10Article 26U.K.Financial discipline

[F111.Where the relevant authority has an obligation to reimburse in respect of the 2019 adjustment rate, as provided for in Article 26(5) as it had effect immediately before exit day, the reimbursement must only be paid to relevant farmers.

2.For the purposes of paragraph 1, a relevant farmer is a person who would be liable to be subject to an adjustment rate under Article 26 as it had effect immediately before exit day.]]

Textual Amendments

F10Art. 26 omitted (W.) (31.12.2020 in so far as it 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(4); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F11Art. 26 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(4)

F12Article 27U.K.Budget discipline procedure

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Textual Amendments

F12Arts. 27-29 omitted (31.1.2020 in so far as they relate 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), 6(5); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F12Article 28U.K.Early-warning and monitoring system

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Textual Amendments

F12Arts. 27-29 omitted (31.1.2020 in so far as they relate 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), 6(5); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F12Article 29U.K.Reference exchange rates

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Textual Amendments

F12Arts. 27-29 omitted (31.1.2020 in so far as they relate 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), 6(5); and Arts. 21-29 omitted (31.12.2020 in so far as they relate 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, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F2Title 4 Ch. 1 heading substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(2)

F3Title 4 Ch. 1 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(2) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIU.K.[F13Support for rural development]

Section 1U.K.[F14General provisions relating to support for rural development]

Article 30U.K.No double funding

[F15Measures financed by support for rural development] shall not be the subject of any other [F16agricultural support].

Textual Amendments

F15Words in Art. 30 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16Words in Art. 30 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17Article 31U.K.Provisions applying to all payments

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Textual Amendments

F17Art. 31 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, 6(11); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F14Title 4 Ch. 2 Section 1 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(9); 2020 c. 1, Sch. 5 para. 1(1)

Section 2U.K.Financing of rural development programmes

[F18Article 32U.K.Core contribution

[F19The core contribution referred to in Article 58(1) of Regulation (EU) No 1305/2013 shall be determined for each programme, within the ceilings established by Annex 1 to Regulation (EU) No 1305/2013.]]

Textual Amendments

F18Art. 32 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(12); 2020 c. 1, Sch. 5 para. 1(1)

F19Art. 32 omitted (S.) (1.1.2021 in so far as it does not relate to support for direct payments) by virtue of The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 6(2); and Art. 32 omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(5)

F20Article 33U.K.Budget commitments

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Textual Amendments

F20Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

Section 3U.K.Financial contribution to rural development programmes

F21Article 34U.K.Provisions applying to payments for rural development programmes

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Textual Amendments

F21Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F22Article 35U.K.Prefinancing arrangements

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Textual Amendments

F22Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F23Article 36U.K.Interim payments

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Textual Amendments

F23Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F24Article 37U.K.Payment of the balance and closure of the programme

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Textual Amendments

F24Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F25Article 38U.K.Automatic decommitment for rural development programmes

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Textual Amendments

F25Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F13Title 4 Ch. 2 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(8); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIIU.K.Common Provisions

F26Article 39U.K.Agricultural financial year

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Textual Amendments

F26Arts. 39-45 omitted (31.1.2020 in so far as they relate 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), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F26Article 40U.K.Compliance with payment deadlines

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Textual Amendments

F26Arts. 39-45 omitted (31.1.2020 in so far as they relate 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), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F26Article 41U.K.Reduction and suspension of monthly and interim payments

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Textual Amendments

F26Arts. 39-45 omitted (31.1.2020 in so far as they relate 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), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F26Article 42U.K.Suspension of payments in the case of late submission

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Textual Amendments

F26Arts. 39-45 omitted (31.1.2020 in so far as they relate 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), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F26Article 43U.K.Assignment of revenue

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Textual Amendments

F26Arts. 39-45 omitted (31.1.2020 in so far as they relate 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), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F26Article 44U.K.Keeping of separate accounts

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Textual Amendments

F26Arts. 39-45 omitted (31.1.2020 in so far as they relate 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), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F26Article 45U.K.Information measures

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Textual Amendments

F26Arts. 39-45 omitted (31.1.2020 in so far as they relate 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), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate 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, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

[F28Article 46U.K.[F27Powers]

F291.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F293.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F294.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F305.The appropriate authority may make regulations laying down specific conditions applying to the information to be booked in the accounts kept by paying agencies.]

[F316.The appropriate authority may make regulations to make provision for the financing of intervention measures in the form of public storage, and other expenditure financed by agricultural support.]

[F327.Paragraph 6 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]]

Textual Amendments

F28Art. 46 omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(6)

F29Art. 46(1)-(4) 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), 6(7)(a); and Art. 46(1)-(4) 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, 6(14); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IVU.K.Clearance of accounts

Section IU.K.General provisions

F33Article 47U.K.On-the-spot checks by the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Art. 47 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), 6(8); and Art. 47 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, 6(15); 2020 c. 1, Sch. 5 para. 1(1)

F34Article 48U.K.Access to information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34Art. 48 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), 6(8); and Art. 48 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, 6(15); 2020 c. 1, Sch. 5 para. 1(1)

Article 49U.K.Access to documents

The F35... paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by [F36the law applying in the constituent nation].

Where those documents are kept by an authority acting under delegation from a paying agency and responsible for authorising expenditure, that authority shall send reports to the F37... paying agency on the number of checks made, their content and the measures taken in the light of their results.

Textual Amendments

F35Word in Art. 49 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), 6(9)(a)(i); and word in Art. 49 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, 6(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F36Words in Art. 49 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(9)(a)(ii); and words in Art. 49 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(16)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F37Word in Art. 49 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), 6(9)(b); and word in Art. 49 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, 6(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 50U.K.[F38Powers]

F391.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F402.The appropriate authority may make regulations laying down rules on the conditions on which the supporting documents referred to in Article 49 are to be kept, including their form and the time period of their storage.]

Textual Amendments

F38Art. 50 heading substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(3); and Art. 50 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(17)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(6)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F39Art. 50(1) 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), 6(10)(a); and Art. 50(1) 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, 6(17)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(6)(d)); 2020 c. 1, Sch. 5 para. 1(1)

Section IIU.K.Clearance

F41Article 51U.K.Clearance of accounts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Arts. 51-53 omitted (31.1.2020 in so far as they relate 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), 6(11); and Arts. 51-53 omitted (31.12.2020 in so far as they relate 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, 6(18); 2020 c. 1, Sch. 5 para. 1(1)

F41Article 52U.K.Conformity clearance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Arts. 51-53 omitted (31.1.2020 in so far as they relate 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), 6(11); and Arts. 51-53 omitted (31.12.2020 in so far as they relate 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, 6(18); 2020 c. 1, Sch. 5 para. 1(1)

F41Article 53U.K.Commission powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Arts. 51-53 omitted (31.1.2020 in so far as they relate 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), 6(11); and Arts. 51-53 omitted (31.12.2020 in so far as they relate 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, 6(18); 2020 c. 1, Sch. 5 para. 1(1)

Section IIIU.K.Irregularities

Article 54E+S+N.I.Common Provisions

1.For any undue payment following the occurrence of irregularity or negligence, [F42the relevant authority] shall request recovery from the beneficiary within 18 months after the approval and, where applicable, reception, by the paying agency or body responsible for the recovery, of a control report or similar document, stating that an irregularity has taken place. The corresponding amounts shall be recorded at the time of the recovery request in the debtors' ledger of the paying agency.

F432.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.On duly justified grounds, [F44the relevant authority] may decide not to pursue recovery. [F45A decision to this effect may be taken only in the following cases:

(a)where the costs already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if:

(i)

the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed EUR 100; or

(ii)

[F46the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, falls between EUR 100 and EUR 250 and the [F47relevant authority] concerned applies a threshold equal to or higher than the amount to be recovered under [F48the law applying in the constituent nation] for not pursuing national debts.]

(b)where recovery proves impossible owing to the insolvency, recorded and recognised under [F49the law applying in the constituent nation], of the debtor or the persons legally responsible for the irregularity.]

F50...

F514.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F515.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

F42Words in Art. 54(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(a); and words in Art. 54(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43Art. 54(2) 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), 6(12)(b); and Art. 54(2) 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, 6(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

F44Words in Art. 54(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(i); and words in Art. 54(3) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F47Words in Art. 54(3)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(ii)(aa); and words in Art. 54(3)(a)(ii) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F48Words in Art. 54(3)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(ii)(bb); and words in Art. 54(3)(a)(ii) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F49Words in Art. 54(3)(b) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(iii); and words in Art. 54(3)(b) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F50Words in Art. 54(3) 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), 6(12)(c)(iv); and words in Art. 54(3) 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, 6(19)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F51Art. 54(4)(5) 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), 6(12)(d); and Art. 54(4)(5) 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, 6(19)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 54WCommon Provisions

1.For any undue payment following the occurrence of irregularity or negligence, [F58the relevant authority] shall request recovery from the beneficiary F59... after the approval and, where applicable, reception, by the paying agency or body responsible for the recovery, of a control report or similar document, stating that an irregularity has taken place. The corresponding amounts shall be recorded at the time of the recovery request in the debtors' ledger of the paying agency.

F602.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.On duly justified grounds, [F61the relevant authority] may decide not to pursue recovery. A decision to this effect may be taken only in the following cases:

(a)where the costs already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if:

(i)

the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed [F62£100]; or

(ii)

[F63the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, falls between [F64£100] and [F65£250] and the [F66relevant authority] concerned applies a threshold equal to or higher than the amount to be recovered under [F67the law applying in the constituent nation] for not pursuing national debts.]

(b)where recovery proves impossible owing to the insolvency, recorded and recognised under [F68the law applying in the constituent nation], of the debtor or the persons legally responsible for the irregularity.

F69...

F704.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F705.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F58Words in Art. 54(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(a); and words in Art. 54(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F59Words in Art. 54(1) omitted (W.) (31.12.2020 in so far as it 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(5)(a); and words in Art. 54(1) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(7)(a)

F60Art. 54(2) 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), 6(12)(b); and Art. 54(2) 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, 6(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

F61Words in Art. 54(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(i); and words in Art. 54(3) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F62Sum in Art. 54(3)(a)(i) substituted (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(5)(b)(i); and sum in Art. 54(3)(a)(i) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(7)(b)(i)

F64Sum in Art. 54(3)(a)(ii) substituted (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(5)(b)(ii)(aa); and sum in Art. 54(3)(a)(ii) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(7)(b)(ii)(aa)

F65Sum in Art. 54(3)(a)(ii) substituted (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(5)(b)(ii)(bb); and sum in Art. 54(3)(a)(ii) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(7)(b)(ii)(bb)

F66Words in Art. 54(3)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(ii)(aa); and words in Art. 54(3)(a)(ii) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F67Words in Art. 54(3)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(ii)(bb); and words in Art. 54(3)(a)(ii) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F68Words in Art. 54(3)(b) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(iii); and words in Art. 54(3)(b) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F69Words in Art. 54(3) 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), 6(12)(c)(iv); and words in Art. 54(3) 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, 6(19)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F70Art. 54(4)(5) 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), 6(12)(d); and Art. 54(4)(5) 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, 6(19)(d); 2020 c. 1, Sch. 5 para. 1(1)

[F54Article 55U.K.[F52Provisions specific to direct payment support] [F53Provisions specific to CMO support]

[F52Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with direct payment support.]

[F53Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with CMO support.]]

Textual Amendments

F52Art. 55 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(13)

F53Art. 55 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(20) (S.I. 2020/1445, regs. 1(2)(b), 3(6)(e)); 2020 c. 1, Sch. 5 para. 1(1)

[F55[F56Article 56U.K.Provisions specific to support for rural development

Where irregularities or negligence are detected in rural development operations or programmes, the relevant authority must make financial adjustments by totally or partially cancelling the funding concerned. In making the financial adjustments, the relevant authority must take into consideration the nature and gravity of the irregularities detected and the loss to public funds.

Amounts which are cancelled and amounts which are recovered, together with any interest, must be reallocated to the rural development programme to which they relate, but may not be allocated to operations which have been subject to a financial adjustment under paragraph 1. Where such amounts are received after the closure of the rural development programme to which they relate, they must either be allocated to other agricultural support measures or returned to the relevant consolidated fund.

For the purposes of the second paragraph, the ‘relevant consolidated fund’ is:

(a)in relation to England, the consolidated fund;

(b)in relation to Wales, the Welsh consolidated fund;

(c)in relation to Scotland, the Scottish consolidated fund;

(d)in relation to Northern Ireland, the Northern Ireland consolidated fund.]]

Textual Amendments

F55Art. 56 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(21); 2020 c. 1, Sch. 5 para. 1(1)

F56Art. 56 omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(8)

[F57Article 57U.K.Power to make regulations

In order to ensure correct and efficient application of the provisions relating to the conditions for the recovery of undue payments and interest thereon, the appropriate authority may make regulations setting out procedures for such recovery as set out in this Section.]

Textual Amendments

F1Words in Title 4 heading 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), 6(1); and words in Title 4 heading 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, 6(1); 2020 c. 1, Sch. 5 para. 1(1)

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