The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

Breaches of commitments etc U.K.

14.—(1) A delivery body may determine, in relation to commitments made to that body, that—

(a) the rural development beneficiary has furnished false or misleading information to that body;

(b) the rural development beneficiary is in breach of any of the terms of a commitment;

(c) the rural development beneficiary is in breach of any requirement to which that beneficiary is subject under—

F1 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the Common Provisions Regulation;

(vi) the Horizontal Delegated Regulation,

(vii) the Horizontal Implementing Regulation,

(viii) the Horizontal Regulation, excluding Title VI,

(ix) the Rural Development Delegated Regulation,

(x) the Rural Development Implementing Regulation,

(xi) the Rural Development Regulation, or

(xii) these Regulations;

(d) the whole or any part of the sum paid or payable in relation to a commitment duplicates assistance provided or to be provided out of monies made available by—

(i) the European Union,

(ii) Parliament, or

(iii) a body exercising public functions within the United Kingdom;

(e) there has been a material change in the nature, scale, costs or timing of the operation or project in relation to which a commitment has been made; or

(f) the operation or project in relation to which a commitment has been made, has been or is being delayed, or is unlikely to be completed.

(2) Before a delivery body makes a determination under paragraph (1), that body must—

(a) give the beneficiary a written explanation of the reasons for proposing to make the determination; and

(b) afford that beneficiary the opportunity of making written representations within such period as that body considers reasonable (“the prescribed period”).

(3) If on the expiry of the prescribed period, the delivery body has not received any written representations from the beneficiary, that body must make the determination as proposed.

(4) If the delivery body has received written representations from the beneficiary in the prescribed period, that body must consider any such representations in deciding whether to make any determination.

(5) In paragraph (1)(c)—

“Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) M1 ;

“Regulation 1974/2006” means Commission Regulation (EC) No. 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) M2 ; and

F2 ...

Textual Amendments

F1 Reg. 14(1)(c)(i)-(iv) omitted (1.1.2016) by virtue of The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1997), regs. 1(2), 9

F2 Words in reg. 14(5) revoked (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

Marginal Citations

M1 OJ No. L 160, 26.6.1999, p. 80, as last amended by Council Regulation (EC) No. 2223/2004 (OJ No. L 379, 24.12.2004, p.1).

M2 OJ No. L 368, 23.12.2006, p. 15, as last amended by Commission Implementing Regulation (EU) No. 335/2013 (OJ No. L. 105, 13.4.2013, p. 1).