TITLE IIICHECKS
CHAPTER IIAdministrative checks within the integrated system
Article 29Cross-checks
1.
Where appropriate, the administrative checks shall include cross-checks:
- (a)on declared payment entitlements and on declared agricultural parcels, respectively, in order to avoid multiple granting of the same aid or support in respect of the same calendar or claim year and to prevent any undue accumulation of aid granted under area-related aid schemes listed in Annex I to Regulation (EU) No 1307/2013
F1and Annex VI to Council Regulation (EC) No 73/200917,and area-related support measures as defined in point (21) of the second subparagraph of Article 2 of Delegated Regulation (EU) No 640/2014; - (b)
F2on the payment entitlements to verify their existence and the eligibility for aid; - (c)
between the agricultural parcels as declared in the single application and/or payment claim and the information as contained in the identification system for agricultural parcels per reference parcel in accordance with Article 5(2) of Delegated Regulation (EU) No 640/2014 to verify the eligibility for
F3direct payment scheme and/orrural development measure of the areas as such; - (d)
F4between the payment entitlements and the area determined in order to verify that the entitlements are accompanied by at least an equal number of eligible hectares as defined in Article 32(2) toF5(6)F5(4)of Regulation (EU) No 1307/2013; - (e)
by means of the system for the identification and registration of animals, to verify eligibility for the
F6aid and/orsupport and to avoid undue multiple granting of the sameF6aid and/orsupport in respect of the same calendar or claim year; - (f)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of point (c) of the first subparagraph, where the integrated system provides for geo-spatial aid application forms, the cross-checks shall be carried out as spatial intersection of the digitised area declared with the identification system of agricultural parcels. In addition, cross-checks shall be carried out to prevent double claiming of the same area.
F8Data from applications or concerning applicants found not to be admissible or not eligible for payment as referred to in Article 34(1) shall be used for the purposes of points (a), (c) and (e) of the first subparagraph of this paragraph.
2.
Indications of non-compliance resulting from cross-checks shall be followed-up by any other appropriate administrative procedure, and where necessary, by an on-the-spot check.
3.
Where a reference parcel is subject to F9anF9aF10aid application and/or payment claim by two or more beneficiaries F11under the same aid scheme or under the same support measure and where the agricultural parcels declared are spatially overlapping or where the overall area declared exceeds the maximum eligible area determined in accordance with points (a) and (b) of Article 5(2) of Delegated Regulation (EU) No 640/2014, and the difference falls within the measurement tolerance defined in accordance with Article 38 of this Regulation in respect of that reference parcel, F12a relevant authority may provide for a proportional reduction of the areas concerned, unless a beneficiary demonstrates that any of the other beneficiaries concerned over-declared his areas to the detriment of the former.
Article 29Cross-checks
1.
Where appropriate, the administrative checks shall include cross-checks:
- (a)
F13... on declared agricultural parcels, F14... in order to avoid multiple granting of the same aid or support in respect of the same calendar or claim year and to prevent any undue accumulation of aid granted under F15...
F16Annex VI to Council Regulation (EC) No 73/200917,and area-related support measures as defined in point (21) of the second subparagraph of Article 2 of Delegated Regulation (EU) No 640/2014; - (b)
F17on the payment entitlements to verify their existence and the eligibility for aid; - (c)
between the agricultural parcels as declared in the single application and/or payment claim and the information as contained in the identification system for agricultural parcels per reference parcel in accordance with Article 5(2) of Delegated Regulation (EU) No 640/2014 to verify the eligibility for
F18direct payment scheme and/orrural development measure of the areas as such; - (d)
F19between the payment entitlements and the area determined in order to verify that the entitlements are accompanied by at least an equal number of eligible hectares as defined in Article 32(2) toF20(6)F20(4)of Regulation (EU) No 1307/2013; - (e)
F21by means of the system for the identification and registration of animals, to verify eligibility for theF22aid and/orsupport and to avoid undue multiple granting of the sameF22aid and/orsupport in respect of the same calendar or claim year; - (f)
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (g)
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of point (c) of the first subparagraph, where the integrated system provides for geo-spatial aid application forms, the cross-checks shall be carried out as spatial intersection of the digitised area declared with the identification system of agricultural parcels. In addition, cross-checks shall be carried out to prevent double claiming of the same area.
F24Data from applications or concerning applicants found not to be admissible or not eligible for payment as referred to in Article 34(1) shall be used for the purposes of points F25(a), (c) and (e)F25(a) and (c) of the first subparagraph of this paragraph.
2.
Indications of non-compliance resulting from cross-checks shall be followed-up by any other appropriate administrative procedure, and where necessary, by an on-the-spot check.
3.
Where a reference parcel is subject to F26anF26aF27aid application and/or payment claim by two or more beneficiaries F28under the same aid scheme or under the same support measure and where the agricultural parcels declared are spatially overlapping or where the overall area declared exceeds the maximum eligible area determined in accordance with points (a) and (b) of Article 5(2) of Delegated Regulation (EU) No 640/2014, and the difference falls within the measurement tolerance defined in accordance with Article 38 of this Regulation in respect of that reference parcel, F29a relevant authority may provide for a proportional reduction of the areas concerned, unless a beneficiary demonstrates that any of the other beneficiaries concerned over-declared his areas to the detriment of the former.