Article 35U.K.Non-compliance with the eligibility criteria other than the size of area or number of animals, commitments or other obligations
1.The support claimed [shall][may] be refused or withdrawn in full where the eligibility criteria are not complied with.
2.The support claimed [shall][may] be refused or be withdrawn in full or in part where the following commitments or other obligations are not complied with:
(a)
commitments established in the rural development programme; or
(b)
where relevant, other obligations of the operation established by [the law applying in the constituent nation] or established in the rural development programme, in particular public procurement, [State aid] and other obligatory standards and requirements.
[3.When deciding on the rate of refusal or withdrawal of support following the non-compliance with the commitments or other obligations referred to in paragraph 2, the [relevant authority][shall][may] take account of the severity, [extent, duration and reoccurrence][extent and duration] of the non-compliance related to conditions for support referred to in paragraph 2.
The severity of the non-compliance shall depend, in particular, on the importance of the consequences of the non-compliance, taking into account the objectives of the commitments or obligations that were not met.
The extent of the non-compliance shall depend, in particular, on its effect on the operation as a whole.
The duration shall depend, in particular, on the length of time for which the effect lasts or the possibility of terminating this effect by reasonable means.
[The reoccurrence shall depend on whether similar non-compliances have been found earlier during the last four years or during the whole programming period 2014-2020 in case of the same beneficiary and the same measure or type of operation or in the case of the programming period 2007-2013, the similar measure].]
[3.When deciding on the rate of refusal or withdrawal of support following the non-compliance with the commitments or other obligations referred to in paragraph 2, the relevant authority may take account of:—
the circumstances that led to the non-compliance and whether it was caused by the intentional actions of the beneficiary or due to that person’s recklessness or negligence;
any steps taken by the beneficiary to report a change of circumstance or notify the Authority of the non-compliance within a reasonable period;
any failure on the part of the beneficiary to co-operate with an on-the-spot check;
any past conduct of the beneficiary during the period of the commitment and whether a similar non-compliance has previously occurred;
the nature of the non-compliance and whether it has caused widespread or irreparable damage;
the extent to which it is desirable, practicable or economic to permit the beneficiary to rectify the non-compliance;
the consequences of the non-compliance and whether it renders the purpose of the commitment unachievable within the timescales or finances of the commitment or to the standards agreed when the commitment was undertaken.]
4.In case of multiannual commitments or payments, withdrawals based on the criteria referred to in paragraph 3 [shall][may] also apply to the amounts already paid in the previous years for the same operation.
5.In case the overall assessment based on the criteria referred to in paragraph 3 leads to establishing a serious non-compliance, the support [shall][may] be refused or withdrawn in full. [Furthermore, the beneficiary [shall][may] be excluded from [the same measure or type of operation][any financial assistance scheme(s) under section 1 of the Agriculture Act 2020] for the calendar year of the finding and for the following calendar year.]
6.Where it is established that the beneficiary provided false evidence for the purpose of receiving the support or failed to provide the necessary information due to negligence, the support [shall][may] be refused or withdrawn in full. Furthermore, the beneficiary [shall][may] be excluded from [the same measure or type of operation][any financial assistance scheme(s) under section 1 of the Agriculture Act 2020] for the calendar year of finding and for the following calendar year.
[[7.If the withdrawals and administrative penalties referred to in paragraphs 1, 2, 4, 5 and 6 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.]]