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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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1.Except in cases of force majeure and exceptional circumstances as referred to in Article 4, the submission of an aid application or payment claim pursuant to this Regulation after the final date for such submission as fixed by [F1Article 13 of Regulation (EU) No 809/2014][F2shall][F2may] lead to a 1 % reduction per working day of the amounts to which the beneficiary would have been entitled if the application or claim had been submitted within the time limit.
[F3Without prejudice to any particular measures to be taken by the [F4relevant authority] with regard to the need for the submission of any supporting documents in due time to allow effective controls to be scheduled and carried out, [F5the first subparagraph shall also apply with regard to applications for support, documents, contracts or other declarations to be submitted to the competent authority where such applications for support, documents, contracts or declarations are constitutive for the eligibility for the aid or support in question. In that case, the reduction [F6shall][F6may] be applied on the amount payable for the aid or support concerned.][F5an applicant may submit documents which are constitutive for the eligibility for the aid in question to the relevant authority by no later than 25 calendar days after the final date for submission of an aid application as fixed by Article 13 of Regulation (EU) No 809/2014.]]
If such delay amounts to more than 25 calendar days, the application or claim [F7shall][F7may] be considered inadmissible and [F8in that case] no aid or support shall be granted to the beneficiary.
[F9All documents in support of an aid application, must be submitted by 31 December of that calendar year.]
[F102.Except in cases of force majeure and exceptional circumstances as referred to in Article 4, where the beneficiary of the schemes provided for in Articles 46 and 47 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council(1) who is also subject to cross-compliance obligations in accordance with Article 92 of Regulation (EU) No 1306/2013 does not submit the single application form within the final date as referred to in the first subparagraph of paragraph 1 of this article, a 1 % reduction per working day [F11shall][F11may] apply. The maximum reduction shall be limited to 25 %. The reduction percentage shall apply to the total amount of payments related to measures under Articles 46 and 47 of Regulation (EU) No 1308/2013, divided by 3 for restructuring and conversion.]
[F123.Except in cases of force majeure and exceptional circumstances as referred to in Article 4, the submission of an amendment to the single application or payment claim after the final date for such submission as fixed by [F13Article 13 of Regulation (EU) No 809/2014][F14shall][F14may] lead to a 1 % reduction per working day of the amounts relating to the actual use of the agricultural parcels concerned.
Amendments to the single application or payment claim shall only be admissible until the latest possible date for late submission of the single application or payment claim as specified in the [F15third][F15second] subparagraph of paragraph 1. However, where that date is earlier than, or the same as the final date for the submission of an amendment to the single application or payment claim as referred in the first subparagraph of this paragraph, amendments to the single application or payment claim shall be considered inadmissible after that date.]
[F123. Except in cases of force majeure and exceptional circumstances as referred to in Article 4, no amendment to the single application may be admissible after the final date for submission of amendments as specified in Article 15(2) of Commission Implementing Regulation (EU) No 809/2014.]
Textual Amendments
F1Words in Art. 13(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), 15(11)(a)(i); and words in Art. 13(1) substituted (31.12.2020 for the purposes of 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, 6(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 13(1) substituted in so far as it relates to rural development support measures (E.) (28.7.2022) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 9(3)(a)
F3Words in Art. 13(1) 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(8)(a); 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(5)(a)(i)
F4Words in Art. 13(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), 15(11)(a)(ii); and words in Art. 13(1) substituted (31.12.2020 for the purposes of 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, 6(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 13(1) substituted in so far as it relates to direct payments (E.) (1.1.2021) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 7(5)(a)
F6Word in Art. 13(1) substituted (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., 4(2)(a)
F7Word in Art. 13(1) substituted (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., 4(2)(b)(i)
F8Words in Art. 13(1) inserted (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., 4(2)(b)(ii)
F9Words in Art. 13(1) inserted (W. in so far as 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), 3(8)(b); and 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(5)(a)(ii)
F10Art. 13(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), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)
F11Word in Art. 13(2) substituted in so far as it relates to rural development support measures (E.) (28.7.2022) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 9(3)(b)
F12Art. 13(3) substituted in so far as it relates to direct payments (E.) (1.1.2021) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 7(5)(b)
F13Words in Art. 13(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), 15(11)(b); and words in Art. 13(3) substituted (31.12.2020 for the purposes of 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, 6(11)(b); 2020 c. 1, Sch. 5 para. 1(1)
F14Word in Art. 13(3) substituted in so far as it relates to rural development support measures (E.) (28.7.2022) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 9(3)(c)
F15Word in Art. 13(3) substituted (W. in so far as 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), 3(8)(c); 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(5)(b)
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
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