TITLE IITHE INTEGRATED ADMINISTRATION AND CONTROL SYSTEM

CHAPTER IVCALCULATION OF AID AND ADMINISTRATIVE PENALTIES RELATING TO DIRECT PAYMENTS SCHEMES AND RURAL DEVELOPMENT MEASURES IN THE SCOPE OF THE INTEGRATED SYSTEM

SECTION 2Area-related aid schemes , except the payment for agricultural practices beneficial for the climate and the environment, or area-related support measures

Article 18Basis of calculation in respect of area-related payments

F11.

With regard to an aid applications under the basic payment scheme F2... F3, the re-distributive paymentF4... and, where applicable, the young farmer scheme and where the F5relevant authority applies the F6basic payment scheme F6farm sustainability transition payment scheme, the following shall apply:

  1. (a)

    if the number of payment entitlements declared exceeds the number of payment entitlements at the beneficiary’s disposal, the number of payment entitlements declared shall be reduced to the number of payment entitlements at the beneficiary’s disposal;

  2. (b)

    if there is a difference between the number of payment entitlements declared and the area declared, the area declared shall be adjusted to the lowest figure.

F7...

2.

In case of the payment for young farmers and where the F8relevant authority opts for the payment method laid down in Article 50(6) F9...F10and (8) of Regulation (EU) No 1307/2013; if the area declared under the F11basic payment scheme F11farm sustainability transition payment scheme F12... exceeds the limit set by the F8relevant authority in accordance with Article 50(9) of that Regulation, the area declared shall be reduced to that limit.

F133.

In case of the re-distributive payment, if the area declared under the F14basic payment scheme F14farm sustainability transition payment scheme F15... exceeds the limits set by the F16relevant authority in accordance with Article 41(4) of Regulation (EU) No 1307/2013, the area declared shall be reduced to that limit.

F174.

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5.

In case of F18aid applications and/or payment claims under area-related F19aid schemes or support measures, if the area of a crop group determined is established to be greater than the area declared in the aid application, the area declared shall be used for the calculation of the aid.

6.

Without prejudice to administrative penalties in accordance with Article 19, in the case of F20aid applications and/or payment claims under area-related F21aid schemes or support measures, if the area declared exceeds the area determined for a crop group as referred to in Article 17(1), the aid shall be calculated on the basis of the area determined for that crop group.

However, without prejudice to Article 60 of Regulation (EU) No 1306/2013, if the difference between the total area determined and F22the total area declared for payment under the direct aid schemes established in F23F24Titles III and IVF23Title III of Regulation (EU) No 1307/2013 or the total area declared for payment under an area-related support measure is less than or equal to 0,1 hectare, the area determined shall be set equal to the area declared. For this calculation only over-declarations of areas at the level of a crop group as referred to in Article 17(1) shall be taken into account.

The second subparagraph shall not apply where that difference represents more than 20 % of the total area declared for payments.

F257.

For the purpose of calculating the aid under the F26basic payment scheme F26farm sustainability transition payment scheme, the average of the values of different payment entitlements in relation to the respective area declared shall be taken into account.