Commission Delegated Regulation (EU) N o 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance
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Changes over time for: Article 30
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Point in time view as at 26/03/2021.
Changes to legislation:
There are currently no known outstanding effects for the Commission Delegated Regulation (EU) No 640/2014, Article 30.
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[Article 30U.K.Basis of calculation
1.In no case [aid or] support shall be granted for a number of animals greater than that shown [in the aid application or] in the payment claim.
2.Animals present on the holding shall only be considered as determined if they are identified [in the aid application or] in the payment claim. Identified animals may be replaced without the loss of the right to payment of the [aid or] support, provided that the beneficiary has not yet been informed by the competent authority of a non-compliance in the [application or] claim or has not yet been given notice of the authority’s intention to carry out an on-the-spot check. Where a [relevant authority] does not make use of the possibility of having a claimless system, in accordance with the rules laid down ... on the basis of Article 78(b) of Regulation (EU) No 1306/2013, it shall ensure by any means that there are no doubts as to which animals are covered by the beneficiaries’ [applications or] claims.
3.Without prejudice to Article 31, if the number of animals declared in [an aid application or][a] payment claim exceeds that determined as a result of administrative checks or on-the-spot checks, the [aid or] support shall be calculated on the basis of the animals determined.
[3a.Where animals have been moved to other locations than those notified in accordance with point (d) of Article 21(1) of Implementing Regulation (EU) No 809/2014 during the period determined by the [relevant authority] referred to in that point, they shall be regarded as determined if an immediate localisation of those animals within the holding was made during the on-the-spot check.]
4.Where cases of non-compliances with regard to the system for the identification and registration for bovine animals are found, the following shall apply:
(a)
a bovine animal present on the holding which has lost one of the two ear tags shall be considered as determined provided that it is clearly and individually identified by the other elements of the system for the identification and registration of bovine animals referred to in points (b), (c) and (d) of the first paragraph of Article 3 of Regulation (EC) No 1760/2000;
(b)
where one single bovine animal present on the holding has lost two ear tags it shall be considered as determined provided that the animal can still be identified by the register, animal passport, database or other means laid down in Regulation (EC) No 1760/2000 and provided that the animal keeper can provide evidence that he has already taken action to remedy the situation before the announcement of the on-the-spot check;
(c)
[where the non-compliances found relate to incorrect entries in the register, the animal passports or the computerised database for animals, but are not of relevance for the verification of the respect of the eligibility conditions [other than that referred to in Article 53(4) of Delegated Regulation (EU) No 639/2014 under the aid scheme or][under the] support measure concerned, the animal concerned shall only be considered as not determined if such incorrect entries are found during at least two checks within a period of 24 months. In all other cases the animals concerned shall be considered as not determined after the first finding.]
The entries in, and notifications to, the system for the identification and registration of bovine animals may be adjusted at any time in cases of obvious errors recognised by the competent authority.
5.An ovine or caprine animal present on the holding which has lost one ear tag shall be considered as determined provided that the animal can still be identified by a first means of identification in accordance with Article 4(2)(a) of Regulation (EC) No 21/2004 and provided that all other requirements of the system for the identification and registration of ovine and caprine animals are fulfilled.]
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