Commission Delegated Regulation (EU) No 640/2014Show full title

TITLE I U.K. GENERAL PROVISIONS

Article 1 U.K. Scope

This Regulation lays down provisions supplementing certain non-essential elements of Regulation (EU) No 1306/2013 in relation to:

(a)

conditions for the partial or total refusal or withdrawal of the aid or support;

(b)

identifying the administrative penalty and determining the specific rate to be imposed;

(c)

identifying the cases in which the administrative penalty is not applied;

(d)

rules applicable to periods, dates and time limits where the final date for submission of applications or amendments is a public holiday, a Saturday or a Sunday;

(e)

specific definitions needed to ensure a harmonised implementation of the integrated system;

(f)

basic features and technical rules for the identification system for agricultural parcels and identification of beneficiaries;

(g)

[F1 basic features, technical rules and quality requirements of the system for the identification and registration of payment entitlements;]

(h)

the basis for the calculation of aid, including rules on how to deal with certain cases in which eligible areas contain landscape features or trees;

(i)

additional rules for intermediates such as services, bodies and organisations, which are involved in the procedure for granting the aid or support;

(j)

[F2 the maintenance of permanent pasture in relation to cross-compliance;]

(k)

a harmonised basis for the calculation of administrative penalties related to cross-compliance;

(l)

conditions for the application and calculation of the administrative penalties related to cross-compliance;

(m)

[F1 an addition to the rules provided for in Regulation (EU) No 1306/2013 in order to ensure a smooth transition from repealed rules to the new rules.]

[F3 This Regulation does not apply to direct payments in England under Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 in respect of any year falling after the end of 2023.]

Textual Amendments

F1 Art. 1(g)(m) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(1A) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(3)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 1(j) omitted (W. in so far as it relates to domestic support for rural development) (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 3(2)

F3 Words in Art. 1 inserted (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 4(2)

Article 2 U.K. Definitions

1. For the purposes of the integrated system referred to in Article 67(1) of Regulation (EU) No 1306/2013, the definitions [F4 in Article 4(1) of Regulation (EU) No 1307/2013 and] in Article 67(4) of Regulation (EU) No 1306/2013 shall apply.

The following definitions shall also apply:

(1)

[F5 ‘beneficiary’ means F6 ... [F7 the beneficiary subject to cross-compliance within the meaning of Article 92 of Regulation (EU) No 1306/2013 and/or] the beneficiary receiving rural development support as referred to in Article 2(10) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council](1)

[F5 ‘beneficiary’ means a farmer as defined in Article 4(1)(a) of Regulation (EU) No 1307/2013 [F8 and referred to in Article 9 of that Regulation]];

(2)

‘non-compliance’ means:

(a)

for eligibility criteria, commitments or other obligations relating to the conditions for the granting of the aid or support referred to in Article 67(2) of Regulation (EU) No 1306/2013, any non-respect of those eligibility criteria, commitments or other obligations; or

(b)

[F9 for cross-compliance, non-compliance with the statutory management requirements under [F10 the law applying in the constituent nation], with the standards for good agricultural and environmental condition of land defined F11 ... in accordance with Article 94 of Regulation (EU) No 1306/2013 F12 ...;]

(3)

‘application for support’ means an application for support or to enter a measure under Regulation (EU) No 1305/2013;

(4)

‘payment claim’ means an application by a beneficiary for payment by the [F13 national authorities] under Regulation (EU) No 1305/2013;

(5)

‘other declaration’ means any declaration or document, other than applications for support or payment claims, which has to be submitted or kept by a beneficiary or a third party in order to comply with specific requirements of certain rural development measures;

(6)

‘rural development measures in the scope of the integrated system’ means the support measures granted in accordance with Article 21(1)(a) and (b) and Articles 28 to 31, 33, 34 [F14 and 40] of Regulation (EU) No 1305/2013 and where applicable Article 35(1)(b) and (c) of Regulation (EU) No 1303/2013, with the exception of measures referred to in Article 28(9) of Regulation (EU) No 1305/2013, and measures under Article 21(1)(a) and (b) of that Regulation as far as the establishment cost is concerned;

(7)

[F15 ‘system for the identification and registration of animals’ means the system for the identification and registration of bovine animals established by Regulation (EC) No 1760/2000 of the European Parliament and of the Council(2) and/or the system for the identification and registration of ovine and caprine animals established by Council Regulation (EC) No 21/2004(3) respectively;]

(8)

[F15 ‘ear tag’ means the ear tag to identify bovine animals individually referred to in Article 3(a) and Article 4 of Regulation (EC) No 1760/2000 and/or the ear tag to identify ovine and caprine animals individually referred to in point A.3 of the Annex to Regulation (EC) No 21/2004 respectively;]

(9)

[F15 ‘computerised database for animals’ means the computerised database referred to in Article 3(b) and Article 5 of Regulation (EC) No 1760/2000 and/or the central register or computerised database referred to in Article 3(1)(d), Article 7 and Article 8 of Regulation (EC) No 21/2004 respectively;]

(10)

[F15 ‘animal passport’ means the animal passport referred to in Article 3(c) and Article 6 of Regulation (EC) No 1760/2000;]

(11)

[F15 ‘register’ in relation to animals means the register kept by the animal keeper referred to in Article 3(d) and Article 7 of Regulation (EC) No 1760/2000 and/or the register referred to in Article 3(1)(b) and Article 5 of Regulation (EC) No 21/2004 respectively;]

(12)

[F15 ‘identification code’ means the identification code referred to in Article 4(1) of Regulation (EC) No 1760/2000 and/or the codes referred to in point A.2 of the Annex to Regulation (EC) No 21/2004 respectively;]

(13)

F15 [F16 ‘animal aid scheme’ means a voluntary coupled support measure provided for in Chapter 1 of Title IV of Regulation (EU) No 1307/2013 where the annual payment to be granted within defined quantitative limits is based on a fixed number of animals;]

(14)

‘animal-related support measures’ means rural development measures or types of operations for which support is based on the number of animals or number of livestock units declared;

(15)

F17 [F16 ‘livestock aid application’ means the applications for the payment of aid where the annual payment to be granted within defined quantitative limits is based on a fixed number of animals under the voluntary coupled support provided for in Chapter 1 of Title IV of Regulation (EU) No 1307/2013;]

(16)

[F17 ‘declared animals’ means animals [F18 subject to a livestock aid application under the animal aid scheme or] subject to a payment claim for an animal-related support measure;]

(17)

[F17 ‘potentially eligible animal’ means an animal that could a priori potentially fulfil the eligibility criteria for receiving [F19 the aid under the animal aid scheme or] support under an animal-related support measure in the claim year in question;]

(18)

[F17 ‘animal determined’ means:

(a)

[F20 for an animal aid scheme, an animal for which all conditions laid down in the rules for granting the aid have been met; or]

(b)

for an animal-related support measure, an animal identified by means of administrative or on-the-spot checks;]

(19)

[F17 ‘animal keeper’ means any natural or legal person responsible for animals whether on a permanent or on a temporary basis, including during transportation or at a market;]

(20)

[F21 ‘area-related aid schemes’ means the area-related direct payments within the meaning of Article 67(4)(b) of Regulation (EC) No 1306/2013 F22 ...;]

(21)

‘area-related support measures’ means rural development measures or type of operations for which support is based on the size of the area declared;

(22)

[F23 [F24 ‘use’ in relation to area means the use of area in terms of the type of permanent grassland as defined in Article 4(1)(h) of Regulation (EU) No. 1307/2013, or areas of grassland, other than permanent grassland, or ground cover or the absence of a crop;]]

(23)

‘area determined’ means:

(a)

[F25 for area-related aid schemes, the area for which all eligibility criteria or other obligations relating to the conditions for the granting of the aid have been met, regardless of the number of the payment entitlements at the beneficiary’s disposal; or]

(b)

for area-related support measures, the area of plots or parcels as identified by means of administrative or on-the-spot checks;

(24)

‘Geographical Information System’ (hereinafter referred to as ‘GIS’) means the computerised geographical information system techniques referred to in Article 70 of Regulation (EU) No 1306/2013;

(25)

‘reference parcel’ means a geographically delimited area retaining a unique identification as registered in the identification system for agricultural parcels referred to in Article 70 of Regulation (EU) No 1306/2013;

(26)

‘geographical material’ means maps or other documents used to communicate the contents of the GIS between the applicants for aid or support and the [F26 relevant authority].

[F27 2. For the purpose of Title IV of this Regulation, the definitions in Title VI of Regulation (EU) No 1306/2013 shall apply.

In addition, ‘standards’ means any of the standards as defined by the [F28 relevant authority] in accordance with Article 94 of Regulation (EU) No 1306/2013 F29 ....]

[F30 3. In this Regulation, references to “Regulation (EU) No 1307/2013” are to be construed as references to that Regulation as it applied in relation to England immediately before the end of 2023.]

Textual Amendments

F4 Words in Art. 2(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(za) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 2(1)(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), 15(2)(a)(i)

F6 Words in Art. 2(1)(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(ai) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(1)(1) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F8 Words in Art. 2(1)(1) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(2)(a); and omitted in so far as it relates to the direct payment schemes (N.I.) (23.2.2021) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 7(2)(a)

F9 Art. 2(1)(2)(b) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F10 Words in Art. 2(1)(2)(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), 15(2)(a)(ii)(aa); and words in Art. 2(1)(2)(b) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 2(1)(2)(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), 15(2)(a)(ii)(bb); and words in Art. 2(1)(2)(b) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(1)(2)(b) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(1)(4) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(1)(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 2(1)(7)-(13) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(2)(b)

F16 Art. 2(1)(13)(15) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 2(1)(15)-(19) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(2)(b)

F18 Words in Art. 2(1)(16) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiib) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2(1)(17) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiic) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Art. 2(1)(18)(a) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiid) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Art. 2(1)(20) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iv) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 2(1)(20) 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), 15(2)(a)(iii)

F23 Art. 2(1)(22) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iva) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 2(1)(22) substituted (W. in so far as it relates to direct payments) (31.12.2020) 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), 3(2); and corresponding amendments made (E.) (1.1.2021) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(2), 7(2) and (26.3.2021) by The Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021 (S.I. 2021/407), regs. 1(2), 4(2); and corresponding amendments made (S.) (1.1.2021) by The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 9(2); and corresponding amendment made (N.I.) (25.2.2021) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 6(2)

F25 Art. 2(1)(23)(a) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(ivb) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 2(1)(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), 15(2)(a)(iv); and words in Art. 2(1)(26) 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 Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 2(2) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F28 Words in Art. 2(2) 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), 15(2)(b); and words in Art. 2(2) 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 Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 2(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 2(3) inserted (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 4(3)

Article 3 U.K. Application of criminal penalties

The application of the administrative penalties and the refusal or withdrawal of aid or support as provided for in this Regulation shall be without prejudice to the application of criminal penalties, should [F31 the law applying in the constituent nation] so provide.

Textual Amendments

F31 Words in Art. 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), 15(3); and words in Art. 3 substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Force majeure and exceptional circumstances

1. [F32 As regards direct payments, if a beneficiary has been unable to comply with the eligibility criteria or other obligations as a result of force majeure or exceptional circumstances he shall retain his right to aid in respect of the area or animals eligible at the time when the case of force majeure or the exceptional circumstance occurred.]

As regards rural development support measures under Articles 28, 29, 33 and 34 of Regulation (EU) No 1305/2013, if a beneficiary has been unable to fulfil the commitment as a result of force majeure or exceptional circumstances, the respective payment shall be proportionally withdrawn for the years during which the case of force majeure or exceptional circumstances occurred. The withdrawal shall concern only those parts of the commitment for which additional costs or income foregone did not take place before the force majeure or exceptional circumstances occurred. No withdrawal shall apply in relation to the eligibility criteria and other obligations and no administrative penalty shall apply.

As regards other rural development support measures, [F33 the relevant authority] shall not require the partial or full reimbursement of the support in case of force majeure or exceptional circumstances. In case of multiannual commitments or payments, reimbursement of the support received in previous years shall not be required and the commitment or payment shall be continued in the subsequent years in accordance with its original duration.

[F34 When the non-compliance resulting from such force majeure or exceptional circumstances concerns cross-compliance, the corresponding administrative penalty as referred to in Article 91(1) of Regulation (EU) No 1306/2013 shall not be applied.]

2. Cases of force majeure and exceptional circumstances shall be notified in writing to the competent authority, with relevant evidence to the satisfaction of the competent authority, within [F35 fifteen working days][F35 eight weeks] from the date on which the beneficiary or the person entitled through him, is in a position to do so.

Textual Amendments

F32 Words in Art. 4(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(4)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(5)); 2020 c. 1, Sch. 5 para. 1(1); and omitted (E.) (1.1.2024) by virtue of The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 4(4)

F33 Words in Art. 4(1) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(4)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(5)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 4(1) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F35 Words in Art. 4(2) substituted in so far as it relates to direct payments (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), 7(3) (with reg. 1(2)); and substituted in so far as it relates to rural development support measures (E.) (28.7.2022) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 9(2)

(1)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

(2)

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

(3)

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).