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Commission Delegated Regulation (EU) No 640/2014Show full title
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 19a
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[F3Article 19aW [F2Administrative penalties in cases of over-declaration of areas for F4..., Natura 2000 and Water Framework Directive payments and payments to areas facing natural or other specific constraints ][F2Administrative penalties in cases of over-declaration of areas for [F5agri-environment climate, organic farming,] the basic payment scheme [F6, the re-distributive payment] and the young farmers scheme]
1.If, in respect of a crop group as referred to in Article 17(1), the area declared for [F7the aid schemes provided for in Chapters 1 [F8, 2]F9... and 5 of Title III F10... of Regulation (EU) No 1307/2013 and] the support measures referred to in Articles [F1128, 29] 30 and 31 of Regulation (EU) No 1305/2013 exceeds the area determined in accordance with Article 18 of this Regulation, the aid or support shall be calculated on the basis of the area determined reduced by 1,5 times the difference found if that difference is more than either 3 % of the area determined or 2 hectares.
The administrative penalty shall not exceed 100 % of the amounts based on the area declared.
[X12.[F12Where no administrative penalty has yet been imposed on the beneficiary under paragraph 1 for over-declaration of areas for the [F13aid scheme or] support measure concerned, the administrative penalty referred to in that paragraph shall be reduced by 50 % if the difference between the area declared and the area determined does not exceed 10 % of the area determined.][F12The administrative penalty referred to in paragraph 1 is to be reduced by 50% if the difference between the area declared and the area determined does not exceed 10% of the area determined.]]
[F143.Where a beneficiary had his administrative penalty reduced in accordance with paragraph 2 and another administrative penalty as referred to in this Article and in Article 21 is to be imposed on that beneficiary for the [F13aid scheme or] support measure concerned in respect of the following claim year, he shall pay the full administrative penalty in respect of that following claim year and shall pay the amount by which the administrative penalty calculated in accordance with paragraph 1 had been reduced in accordance with paragraph 2.]
[F154.If the amount calculated in accordance with [F16paragraphs 1, 2 and 3][F16paragraphs 1 and 2] cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with Article 28 of Implementing Regulation (EU) No 908/2014, the outstanding balance shall be cancelled.]]
Editorial Information
X1Substituted by Corrigendum to Commission Delegated Regulation (EU) 2016/1393 of 4 May 2016 amending Delegated Regulation (EU) No 640/2014 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 (Official Journal of the European Union L 225 of 19 August 2016).
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F2Art. 19a 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), 15(16)
F3Inserted by Commission Delegated Regulation (EU) 2016/1393 of 4 May 2016 amending Delegated Regulation (EU) No 640/2014 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.
F4Words in Art. 19a heading 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(16)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(16)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 19a heading inserted (W. in so far as it relates to domestic support for rural development) (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 3(7)(a)
F6Words in Art. 19a heading 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(7)(a); and omitted in so far as it relates to direct payments (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 6(5)(a)
F7Words in Art. 19a(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(16)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(16)); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in Art. 19a(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(7)(b); and omitted in so far as it relates to direct payments (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 6(5)(b)
F9Word in Art. 19a(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), 15(16)(a)(i)
F10Words in Art. 19a(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), 15(16)(a)(ii)
F11Words in Art. 19a(1) inserted (W. in so far as it relates to domestic support for rural development) (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 3(7)(b)
F12Art. 19a(2) substituted (E. in so far as relates to direct payment schemes) (22.6.2020) by The Direct Payments Penalty Simplification (England) Regulations 2020 (S.I. 2020/551), regs. 1(1), 2(2)(a); and corresponding amendment made (W. in so far as 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), 3(11)(a); and substituted (W. in so far as it relates to domestic support for rural development) (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 3(7)(c)
F13Words in Art. 19a(2)(3) 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(16)(c) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(16)); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 19a(3) omitted (E. in so far as relates to direct payment schemes) (22.6.2020) by virtue of The Direct Payments Penalty Simplification (England) Regulations 2020 (S.I. 2020/551), regs. 1(1), 2(2)(b); and omitted (W. in so far as relates to direct payments) (31.12.2020) 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), 3(11)(b); and 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(7)(d)
F15Art. 19a(4) omitted (W. in so far as relates to direct payments) (31.12.2020) 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), 3(11)(b); and 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(7)(d)
F16Words in Art. 19a(4) substituted (E.) (22.6.2020 in so far as relates to direct payment schemes) by The Direct Payments Penalty Simplification (England) Regulations 2020 (S.I. 2020/551), regs. 1(1), 2(2)(c); and words in Art. 19a(4) substituted (N.I.) (23.6.2020) by The Direct Payments to Farmers (Penalty Simplification) Regulations (Northern Ireland) 2020 (S.R. 2020/94), regs. 1(1), 2(2)(c)
[F17Article19aN.I.Administrative penalties in cases of over-declaration of areas for the basic payment scheme, the re-distributive payment, the young farmers scheme and voluntary coupled support
1.If, in respect of a crop group as referred to in Article 17(1), the area declared for the aid schemes provided for in Chapters 1, 2 and 5 of Title III and in Title IV of Regulation (EU) No 1307/2013 exceeds the area determined in accordance with Article 18 of this Regulation, the aid or support shall be calculated on the basis of the area determined reduced by 1,5 times the difference found if that difference is more than either 3 % of the area determined or 2 hectares.
2.The administrative penalty referred to in paragraph 1 will be reduced by 50% if the difference between the area declared and the area determined does not exceed 10% of the area determined.]
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F17Art. 19a substituted (N.I.) (25.2.2021) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 11
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