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Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance
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1.After the final date of submission of the single application or payment claim, individual agricultural parcels [F2or individual payment entitlements] may be added or adjusted in the single application or payment claim provided that the requirements under the [F3direct payment schemes or] rural development measures concerned are respected.
Changes regarding the use of [F4direct payment scheme or] rural development measure in respect of individual agricultural parcels [F5or in respect of payment entitlements] already declared in the single application may be made under the same conditions.
Where the amendments referred to in the first and second subparagraphs have a bearing on any supporting documents or contracts to be submitted, such documents or contracts may be amended accordingly.
1a.Where a beneficiary has been notified of the results of the preliminary checks as referred to in Article 11(4), that beneficiary may amend the single application or payment claim in order to include all necessary corrections with respect to individual parcels in accordance with the results of those cross-checks where they indicated a potential non-compliance.
[F61b.Where checks by monitoring are carried out in accordance with Article 40a, and the competent authorities have communicated the provisional results at parcel level referred to in point (d) of Article 40a(1), beneficiaries may amend the single application or payment claim regarding adjustment or use of individual agricultural parcels checked by monitoring, provided that the requirements under the [F7direct payment schemes or] rural development measures concerned are respected. [F8Individual payment entitlements may be added in cases where the amendment of the single application or payment claim leads to an increase of area declared.]]
2.Amendments made in accordance with the first and second subparagraphs of paragraph 1 shall be notified to the competent authority [F9by 31 May of the year concerned][F10except in claim year 2020, when they shall be notified by 30 June]F11....
[F12By way of derogation from the first subparagraph, [F13the relevant authority] may set an earlier final date for the notification of such amendments. That date shall however not be earlier than 15 calendar days after the final date for submitting the single application or payment claim fixed in accordance with Article 13(1).]
[F14By way of derogation from the first and second subparagraphs, [F15the relevant authority] may authorise the beneficiary to amend at a later date, in duly justified circumstances, the single application or payment claim as regards the use of the agricultural parcels declared for the purpose of [F16the payment for agricultural practices beneficial for the climate and the environment in accordance with Chapter 3 of Title III of Regulation (EU) No 1307/2013 or] the Natura 2000 and Water Framework Directive payment in accordance with Article 30 of Regulation (EU) No 1305/2013 provided that this does not put the beneficiary in a more favourable position with regard to the fulfilment of the obligations based on the initial application. In this case, [F15the relevant authority] may decide to set a final date for the notification of these amendments to the competent authority.]
Such notifications shall be made in writing or via the geo-spatial aid application form.
2a.Amendments following the preliminary checks made in accordance with paragraph 1a shall be notified to the competent authority at the latest nine calendar days after the final date for notification of the results of the preliminary checks referred to in Article 11(4) to the beneficiary.
Such notifications shall be made in writing or via the geo-spatial aid application form.
[F172b.Amendments following the communication of provisional results at parcel level referred to in point (d) of Article 40a(1) made in accordance with paragraph 1b shall be notified to the competent authority by the date fixed by that competent authority at the level of the aid scheme or support measure or type of operation. The date shall be at least 15 calendar days before the date when the payment of the first instalment or the advances is to be made in accordance with Article 75 of Regulation (EU) No 1306/2013.
Such notifications shall be made in writing or via the geo-spatial aid application form.]
3.Where the competent authority has already informed the beneficiary of any case of non-compliance in the single application or payment claim or where it has given notice to the beneficiary of its intention to carry out an on-the-spot check or where an on-the-spot check reveals any non-compliance, amendments in accordance with paragraph 1 shall not be authorised in respect of the agricultural parcels affected by the non-compliance.
[F18For the purposes of the first subparagraph, the obligation provided in point (d) of Article 40a(1) shall not be considered as a notice to the beneficiary of a competent authority’s intention to carry out an on-the-spot check.]]
Textual Amendments
F1Substituted by Commission Implementing Regulation (EU) 2019/1804 of 28 October 2019 amending Implementing Regulation (EU) No 809/2014 as regards amendments of aid applications or payment claims, checks in the integrated administration and control system and the control system in relation to cross compliance.
F2Words in Art. 15(1) omitted (31.12.2020 in so far as it 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, 5(15)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 15(1) omitted (31.12.2020 in so far as it 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, 5(15)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 15(1) omitted (31.12.2020 in so far as it 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, 5(15)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 15(1) omitted (31.12.2020 in so far as it 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, 5(15)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 15(1b) omitted (W.) (31.12.2020 in so far as it relates to direct payments) 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), 4(6)(a); and Art. 15(1b) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(4)(a)
F7Words in Art. 15(1b) omitted (31.12.2020 in so far as it 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, 5(15)(c)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 15(1b) omitted (31.12.2020 in so far as it 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, 5(15)(c)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 15(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), regs. 1(1), 5
F10Words in Art. 15(2) inserted (E.) (15.5.2020) by The Direct Payments to Farmers (Application Deadlines) (Coronavirus) (Amendment) (England) Regulations 2020 (S.I. 2020/510), regs. 1(1), 2(3)
F11Words in Art. 15(2) 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), 14(14)(a); and words in Art. 15(2) omitted (31.12.2020 in so far as it 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, 5(15)(d)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 15(2) omitted (E.) (1.1.2021 insofar as it relates to direct payments) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 7(7)
F13 Words in Art. 15(2) substituted (31.12.2020 in so far as it 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, 5(15)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1); and 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), 4(6)(b)(i); and substituted (N.I. in so far as it relates to direct payments) (23.2.2021) by The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 6(4)
F14Words in Art. 15(2) omitted (E.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 9(4)(b) (with reg. 1(2)); and words in Art. 15(2) omitted (N.I.) (25.2.2021) by virtue of The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 8(2)
F15Words in Art. 15(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), 14(14)(b); and words in Art. 15(2) substituted (31.12.2020 in so far as it 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, 5(15)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1)
F16 Words in Art. 15(2) omitted (31.12.2020 in so far as it 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, 5(15)(d)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(13)); 2020 c. 1, Sch. 5 para. 1(1); and words in Art. 15(2) omitted (W.) (31.12.2020 in so far as it relates to direct payments) 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), 4(6)(b)(ii)
F17Art. 15(2b) omitted (W.) (31.12.2020 in so far as it relates to direct payments) 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), 4(6)(c); and Art. 15(2b) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(4)(b)
F18Words in Art. 15(3) omitted (W.) (31.12.2020 in so far as it relates to direct payments) 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), 4(6)(d); and words in Art. 15(3) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(4)(c)
Modifications etc. (not altering text)
C1Art. 15(2) modified (W.) (30.4.2020) by The Common Agricultural Policy (Payments to Farmers) (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/473), regs. 1(2), 2(b)
C2Art. 15(2) modified (N.I.) (31.5.2020) by The Direct Payments to Farmers Single Application Amendment Date (Amendment) (Coronavirus) Regulations (Northern Ireland) 2020 (S.R. 2020/81), regs. 1(1), 2
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