TITLE IVU.K.FINANCIAL MANAGEMENT ...
CHAPTER IU.K.[Direct payment support] [CMO support]
Section 1U.K.Financing of expenditure
Article 16U.K.Budget ceiling
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Article 17U.K.Monthly payments
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Article 18U.K.Procedure for monthly payments
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Article 19U.K.Administrative and personnel costs
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Article 20U.K.Public intervention expenditure
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[2.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.]
[3A.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.]
[3B.This Article ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.]
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Article 21U.K.Acquisition of satellite images
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Article 22U.K.Monitoring of agricultural resources
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Article 23U.K.Implementing powers
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Section 2U.K.Budget discipline
Article 24U.K.Compliance with the ceiling
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Article 25U.K.Reserve for crises in the agricultural sector
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[Article 26U.K.Financial discipline
[1.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.]]
Article 27U.K.Budget discipline procedure
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Article 28U.K.Early-warning and monitoring system
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Article 29U.K.Reference exchange rates
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CHAPTER IIU.K.[Support for rural development]
Section 1U.K.[General provisions relating to support for rural development]
Article 30U.K.No double funding
[Measures financed by support for rural development] shall not be the subject of any other [agricultural support].
Article 31U.K.Provisions applying to all payments
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Section 2U.K.Financing of rural development programmes
[Article 32U.K.Core contribution
[The 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.]]
Article 33U.K.Budget commitments
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Section 3U.K.Financial contribution to rural development programmes
Article 34U.K.Provisions applying to payments for rural development programmes
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Article 35U.K.Prefinancing arrangements
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Article 36U.K.Interim payments
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Article 37U.K.Payment of the balance and closure of the programme
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Article 38U.K.Automatic decommitment for rural development programmes
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CHAPTER IIIU.K.Common Provisions
Article 39U.K.Agricultural financial year
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Article 40U.K.Compliance with payment deadlines
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Article 41U.K.Reduction and suspension of monthly and interim payments
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Article 42U.K.Suspension of payments in the case of late submission
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Article 43U.K.Assignment of revenue
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Article 44U.K.Keeping of separate accounts
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Article 45U.K.Information measures
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[Article 46U.K.[Powers]
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[5.The appropriate authority may make regulations laying down specific conditions applying to the information to be booked in the accounts kept by paying agencies.]
[6.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.]
[7.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.]
[8.Paragraph 6 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.]]
CHAPTER IVU.K.Clearance of accounts
Section IU.K.General provisions
Article 47U.K.On-the-spot checks by the Commission
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Article 48U.K.Access to information
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Article 49U.K.Access to documents
The ... paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by [the 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 ... paying agency on the number of checks made, their content and the measures taken in the light of their results.
Article 50U.K.[Powers]
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[2.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.]
Section IIU.K.Clearance
Article 51U.K.Clearance of accounts
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Article 52U.K.Conformity clearance
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Article 53U.K.Commission powers
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Section IIIU.K.Irregularities
Article 54E+S+N.I.Common Provisions
1.For any undue payment following the occurrence of irregularity or negligence, [the 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.
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3.On duly justified grounds, [the 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 EUR 100; or
(ii)
[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, falls between EUR 100 and EUR 250 and the [relevant authority] concerned applies a threshold equal to or higher than the amount to be recovered under [the law applying in the constituent nation] for not pursuing national debts.]
(b)where recovery proves impossible owing to the insolvency, recorded and recognised under [the law applying in the constituent nation], of the debtor or the persons legally responsible for the irregularity.]
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Extent Information
Textual Amendments
Article 54WCommon Provisions
1.For any undue payment following the occurrence of irregularity or negligence, [the relevant authority] shall request recovery from the beneficiary ... 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.
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3.On duly justified grounds, [the 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 [£100]; or
(ii)
[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, falls between [£100] and [£250] and the [relevant authority] concerned applies a threshold equal to or higher than the amount to be recovered under [the law applying in the constituent nation] for not pursuing national debts.]
(b)where recovery proves impossible owing to the insolvency, recorded and recognised under [the law applying in the constituent nation], of the debtor or the persons legally responsible for the irregularity.
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Extent Information
Textual Amendments
[Article 55U.K.[Provisions specific to direct payment support] [Provisions specific to CMO support]
[Sums 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.]
[Sums 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.]]
[[Article 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.]]
[Article 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.]