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Regulation (EU) No 1306/2013 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008

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CHAPTER IU.K.General rules

Article 58U.K.[F1Financial Management]

1.[F2The relevant authority must take all measures necessary to ensure proper management of public money], in particular to:

(a)check the legality and regularity of operations financed by [F3direct payment support] [F4agricultural support];

(b)ensure effective prevention against fraud, especially in areas with a higher level of risk, and which will act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures;

(c)prevent, detect and correct irregularities and fraud;

[F5(d)enforce penalties through legal proceedings, as necessary;]

(e)recover undue payments plus interest, and bring legal proceedings to that effect as necessary.

2.[F6The relevant authority] shall set up efficient management and control systems in order to ensure compliance with the legislation governing [F7direct payment] [F8agricultural] support schemes aimed at [F9ensuring proper management of public money].

[F103.Any conditions established by the relevant authority to supplement conditions for receiving direct payment support contained in [F11assimilated direct] legislation shall be verifiable.]

[F123.Any conditions established by the relevant authority to supplement conditions for receiving agricultural support contained in retained direct EU legislation shall be verifiable.]

F134.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Art. 58 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), 7(1); and Art. 58 heading 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(1); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 58(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), 7(2)(a)(i); and words in Art. 58(1) 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 58(1)(a) substituted for “the Funds” (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), 7(2)(a)(ii)

F4Words in Art. 58(1)(a) substituted for “the Funds” (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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5Art. 58(1)(d) 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), 7(2)(a)(iii); and Art. 58(1)(d) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 58(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), 7(2)(b)(i); and words in Art. 58(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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 58(2) substituted for “Union” (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), 7(2)(b)(ii)

F8Word in Art. 58(2) substituted for “Union” (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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 58(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), 7(2)(b)(iii); and words in Art. 58(2) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F10Art. 58(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), 7(2)(c)

F12Art. 58(3) 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F13Art. 58(4) 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), 7(2)(d); and Art. 58(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 59U.K.General principles of checks

1.Except where otherwise provided, the system set up by the [F14relevant authority] in accordance with Article 58(2) shall include systematic administrative checking of all aid applications and payment claims. That system shall be supplemented by on-the-spot checks.

2.As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part in order to obtain a representative error rate and a risk-based part, which shall target the areas where the risk of errors is the highest.

3.The authority responsible shall draw up a report on each on-the-spot check.

[F154.Where appropriate, all on-the-spot checks provided for in [F16[F17[F18assimilated direct] legislation] regarding agricultural aid and rural development support][F16sectoral agricultural legislation] shall be carried out at the same time.]

[F154.Where appropriate, all on-the-spot checks provided for in sectoral agricultural legislation shall be carried out at the same time.]

5.[F19The relevant authority] shall ensure a minimum level of on-the-spot checks needed for an effective management of the risks[F20, and shall increase that minimum level where necessary]. [F19The relevant authority] may reduce that minimum level where the management and control systems function properly and the error rates remain at an acceptable level.

6.In cases F21... provided for F22... on the basis of point (h) of Article 62(2), aid applications and payment claims or any other communications, claims or requests may be corrected and adjusted after their submission in cases of obvious errors recognised by the competent authority.

7.An aid application or payment claim shall be rejected if the beneficiary or his representative prevents an on-the-spot check from being carried out, except in cases of force majeure or in exceptional circumstances.

Textual Amendments

F14Words in Art. 59(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), 7(3)(a); and words in Art. 59(1) 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15Art. 59(4) 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), 7(3)(b)

F16Words in Art. 59(4) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(9)

F17Words in Art. 59(4) 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F19Words in Art. 59(5) 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), 7(3)(c); and words in Art. 59(5) 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F21Words in Art. 59(6) 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), 7(3)(d)(i); and words in Art. 59(6) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F22Words in Art. 59(6) 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), 7(3)(d)(ii); and words in Art. 59(6) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 60U.K.Circumvention clause

Without prejudice to specific provisions, no advantage provided for under sectoral agricultural legislation shall be granted in favour of a natural or legal person in respect of whom it is established that the conditions required for obtaining such advantages were created artificially, contrary to the objectives of that legislation.

F23Article 61U.K.Compatibility of support schemes for the purposes of checks in the wine sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Art. 61 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 62U.K.[F24Powers as regards checks]

1.In order to ensure that the checks are carried out correctly and efficiently and that the eligibility conditions are verified in an efficient, coherent and non-discriminatory manner [F25, the Secretary of State may make regulations setting out], where the proper management of the system so requires, additional requirements with respect to customs procedures, and in particular to those laid down in Regulation (EC) No 952/2013 of the European Parliament and of the Council(1).

2.The [F26appropriate authority may make regulations], laying down rules necessary for the uniform application of this Chapter, and in particular:

(a)rules on administrative and on-the-spot checks to be conducted by the [F27relevant authority] with regard to the respect of obligations, commitments and eligibility criteria F28...;

(b)rules on the minimum level of on-the-spot checks and [F29on the obligation to increase it or] the possibility of reducing it as set out in Article 59(5);

(c)the rules and methods applicable to the reporting of the checks and verifications carried out and their results;

[F30(d)the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks are to apply;]

[F30(d)the authorities responsible for performing compliance checks and the content and frequency of those checks;]

F31(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)with regard to wine as referred to in Regulation (EU) No 1308/2013, rules on the measurement of areas, on checks and on rules governing the specific financial procedures for the improvement of checks;

(h)the cases in which aid applications and payments claims or any other communications, claims or requests may be corrected and adjusted after their submission, as referred to in Article 59(6);

(i)the tests and methods to be applied in order to establish the eligibility of products for public intervention and private storage, as well as the use of tendering procedures, both for public intervention and for private storage.

F32...

[F333.Point (i) of paragraph 2 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F344.Point (i) of paragraph 2 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.]

Textual Amendments

F30 Art. 62(2)(d) 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), 7(4)(b)(iii)

Article 63U.K.Undue payments and administrative penalties

1.Where it is found that a beneficiary does not comply with the eligibility criteria, commitments or other obligations relating to the conditions for the granting of the aid or support, as provided for in the sectoral agricultural legislation, the aid [F35shall] [F35may] not be paid or [F35shall] [F35may] be withdrawn in full or in part [F36and, where relevant, the corresponding payment entitlements as referred to in Article 21 of Regulation (EU) No 1307/2013 [F35shall] [F35may] not be allocated or [F35shall] [F35may] be withdrawn].

[F37[F38Where the non-compliance concerns F39... rules on public procurement, the part of the aid not to be paid or to be withdrawn [F35shall][F35may] be determined on the basis of the gravity of the non-compliance and in accordance with the principle of proportionality. The legality and regularity of the transaction [F35shall] [F35may] only be affected up to the level of the part of the aid not to be paid or to be withdrawn.]]

2.Moreover, where sectoral agricultural legislation so provides, [F40the [F41relevant authority] shall] [F41relevant authority may] also impose administrative penalties, in accordance with the rules laid down in [F42Article 64 and] Article 77. [F43This shall be without prejudice to the provisions set out in Articles 91 to 101 of Title VI.]

3.Without prejudice to Article 54(3), the amounts, including interest thereon, [F44and payment entitlements,] concerned by the withdrawal referred to in paragraph 1 and by the penalties referred to in paragraph 2 [F45shall] [F45may] be recovered.

4.The [F46appropriate authority may make regulations] laying down the conditions for the partial or total withdrawal referred to in paragraph 1.

5.[F47The appropriate authority may make regulations] laying down detailed procedural and technical rules on:

(a)the application and calculation of the partial or total withdrawal referred to in paragraph 1;

(b)the recovery of undue payments and penalties as well as [F48in respect of unduly allocated payment entitlements and]F49... the application of interest.

F50...

Textual Amendments

F35 Word in Art. 63(1) substituted (E.) (28.7.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 8(2)(a)

F36 Words in Art. 63(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 63(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), 7(5)(a)

F39 Words in Art. 63(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 63(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), 7(5)(b)(i); and words in Art. 63(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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in Art. 63(2) substituted (E.) (28.7.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 8(2)(b)

F42 Words in Art. 63(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), 7(5)(b)(ii)

F44 Words in Art. 63(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(c) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F45 Word in Art. 63(3) substituted (E.) (28.7.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 8(2)(c)

F48 Words in Art. 63(5)(b) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 15(2)

Article 64U.K.Application of administrative penalties

1.As regards the administrative penalties referred to in Article 63(2), this Article shall apply in cases of non-compliance in relation to eligibility criteria, commitments or other obligations resulting from the application of sectoral agricultural legislation, with the exception of those referred to in Articles 67 to 78 of Chapter II of this Title [F51and in Articles 91 to 101 of Title VI] and of those subject to the penalties provided for in Article 89(3) and 89(4).

2.No administrative penalties shall be imposed:

(a)where the non-compliance is due to force majeure;

(b)where the non-compliance is due to obvious errors as referred to in Article 59(6);

(c)where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty;

(d)where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault;

(e)where the non-compliance is of a minor nature, including where expressed in the form of a threshold, [F52set] in accordance with point (b) of paragraph 7;

(f)other cases in which the imposition of a penalty is not appropriate, [F53defined] in accordance with point (b) of paragraph 6.

3.Administrative penalties may be imposed on the beneficiary of the aid or support and on other natural or legal persons, including groups or associations of such beneficiaries or other persons, bound by the obligations laid down in the rules referred to in paragraph 1.

4.The administrative penalties may take one of the following forms:

(a)a reduction in the amount of aid or support to be paid in relation to the aid application or payment claim affected by the non-compliance or further applications; however as regards rural development support, this shall be without prejudice to the possibility of suspending the support where it can be expected that the non-compliance can be addressed by the beneficiary within a reasonable time;

(b)payment of an amount calculated on the basis of the quantity and/or the period concerned by the non-compliance;

(c)suspension or withdrawal of an approval, recognition or authorisation;

(d)exclusion from the right to participate in or benefit from the aid scheme or support measure or other measure concerned;

5.The administrative penalties shall be proportionate [F54and graduated according to the severity, extent, duration and reoccurrence of the non-compliance found,] and shall respect the following limits:

(a)the amount of the administrative penalty as referred to in point (a) of paragraph 4 shall not exceed 200 % of the amount of the aid application or payment claim;

(b)notwithstanding point (a), as regards rural development, the amount of the administrative penalty, as referred to in point (a) of paragraph 4, shall not exceed 100 % of the eligible amount;

(c)the amount of the administrative penalty, as referred to in point (b) of paragraph 4, shall not exceed an amount comparable to the percentage referred to in point (a) of this paragraph;

(d)the suspension, withdrawal or exclusion referred to in points (c) and (d) of paragraph 4 may be set at a maximum of three consecutive years which may be renewed in the case of any new non-compliance.

6.In order to take account of the deterrent effect of charges and penalties to be imposed on the one hand, and the special characteristics of each aid scheme or support measure covered by sectoral agricultural legislation on the other hand, the [F55appropriate authority may make regulations]:

(a)identifying, for each aid scheme or support measure and person concerned as referred to in paragraph 3, from the list set out in paragraph 4 and within the limits laid down in paragraph 5, the administrative penalty and determining the specific rate to be imposed F56... including in cases of non-quantifiable non-compliance;

(b)identifying the cases in which the administrative penalties are not to be imposed, as referred to in point (f) of paragraph 2.

7.[F57The appropriate authority may make regulations], laying down detailed procedural and technical rules for the uniform application of this Article on:

(a)the application and calculation of the administrative penalties;

(b)the detailed rules for identifying a non-compliance as minor, including the setting of a quantitative threshold expressed as a nominal value or a percentage of the eligible amount of aid or support, which as regards rural development support shall not be less than 3 % and which as regards all other aid or support shall not be less than 1 %;

F58(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59...

Textual Amendments

F52 Word in Art. 64(2)(e) 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F53 Word in Art. 64(2)(f) 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) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 64(5) omitted (E.) (28.7.2022 in so far as it relates to rural development support measures) by virtue of The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 8(3)

F60Article 65U.K.Suspension of payments to the Member States in specific cases covered by Regulation (EU) No 1308/2013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 Art. 65 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 66U.K.Securities

1.The [F61relevant authority] shall, when the sectoral agricultural legislation so provides, request the lodging of a security giving the assurance that a sum of money will be paid or forfeited to a competent authority if a particular obligation under sectoral agricultural legislation is not fulfilled.

2.Except in cases of force majeure, the security shall be forfeited in whole or in part where the execution of a particular obligation is not carried out, or is carried out only partially.

3.The [F62appropriate authority may make regulations] laying down rules which ensure a non discriminatory treatment, equity and the respect of proportionality when lodging a security, and:

(a)specifying the responsible party in the event that an obligation is not met;

(b)laying down the specific situations in which the competent authority may waive the requirement of a security;

(c)laying down the conditions applying to the security to be lodged and the guarantor and the conditions for lodging and releasing that security;

(d)laying down the specific conditions related to the security lodged in connection with advance payments;

(e)setting out the consequences of breaching the obligations for which a security has been lodged, as provided for in paragraph 1, including the forfeiting of securities, the rate of reduction to be applied on release of securities for refunds, licences, offers, tenders or specific applications and when an obligation covered by that security has not been met either wholly or in part, taking into account the nature of the obligation, the quantity for which the obligation has been breached, the period exceeding the time limit by which the obligation should have been met and the time by which evidence that the obligation has been met is produced.

4.[F63The appropriate authority may make regulations] laying down rules on:

(a)the form of the security to be lodged and the procedure for lodging the security, for accepting it, and for replacing the original security;

(b)the procedures for the release of a security;

F64(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65...

(1)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

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