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 F1, except the payment for agricultural practices beneficial for the climate and the environment, or area-related support measures

F3Article 19aF2Administrative penalties in cases of over-declaration of areas for F4..., Natura 2000 and Water Framework Directive payments and payments to areas facing natural or other specific constraints F2Administrative penalties in cases of over-declaration of areas for F5agri-environment climate, organic farming, the basic payment scheme F6, the re-distributive payment and the young farmers scheme

1.

If, in respect of a crop group as referred to in Article 17(1), the area declared for F7the aid schemes provided for in Chapters 1 F8, 2F9... and 5 of Title III F10... of Regulation (EU) No 1307/2013 and the support measures referred to in Articles F1128, 29 30 and 31 of Regulation (EU) No 1305/2013 exceeds the area determined in accordance with Article 18 of this Regulation, the aid or support shall be calculated on the basis of the area determined reduced by 1,5 times the difference found if that difference is more than either 3 % of the area determined or 2 hectares.

The administrative penalty shall not exceed 100 % of the amounts based on the area declared.

X12.

F12Where no administrative penalty has yet been imposed on the beneficiary under paragraph 1 for over-declaration of areas for the F13aid scheme or support measure concerned, the administrative penalty referred to in that paragraph shall be reduced by 50 % if the difference between the area declared and the area determined does not exceed 10 % of the area determined.F12The administrative penalty referred to in paragraph 1 is to be reduced by 50% if the difference between the area declared and the area determined does not exceed 10% of the area determined.

F143.

Where a beneficiary had his administrative penalty reduced in accordance with paragraph 2 and another administrative penalty as referred to in this Article and in Article 21 is to be imposed on that beneficiary for the F13aid scheme or support measure concerned in respect of the following claim year, he shall pay the full administrative penalty in respect of that following claim year and shall pay the amount by which the administrative penalty calculated in accordance with paragraph 1 had been reduced in accordance with paragraph 2.

F154.

If the amount calculated in accordance with F16paragraphs 1, 2 and 3F16paragraphs 1 and 2 cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with Article 28 of Implementing Regulation (EU) No 908/2014, the outstanding balance shall be cancelled.

F17Article19aAdministrative penalties in cases of over-declaration of areas for the F18farm sustainability transition payment scheme, the re-distributive payment, the young farmers scheme and voluntary coupled support

(1)

If, in respect of a crop group as referred to in Article 17(1), the area declared for the aid schemes provided for in Chapters 1, 2 and 5 of Title III and in Title IV of Regulation (EU) No 1307/2013 exceeds the area determined in accordance with Article 18 of this Regulation, the aid or support shall be calculated on the basis of the area determined reduced by 1,5 times the difference found if that difference is more than either 3 % of the area determined or 2 hectares.

The administrative penalty shall not exceed 100 % of the amounts based on the area determined.

(2)

The administrative penalty referred to in paragraph 1 will be reduced by 50% if the difference between the area declared and the area determined does not exceed 10% of the area determined.