Commission Delegated Regulation (EU) No 640/2014Show full title

[F1 [F2 Article 31 U.K. Administrative penalties in respect of declared animals under the animal aid schemes or animal-related support measures

1. Where, [F3 in respect of an aid application under an animal aid scheme or] in respect of a payment claim under an animal-related support measure or a type of operation under such support measure, a difference is found between the number of animals declared and that determined in accordance with Article 30(3), the total amount of [F4 aid or] support to which the beneficiary is entitled under that [F5 aid scheme or] support measure or type of operation under such support measure for the claim year concerned shall be reduced by the percentage to be established in accordance with paragraph 3 of this Article, if no more than three animals are found with non-compliances.

2. If more than three animals are found with non-compliances, the total amount of [F6 aid or] support to which the beneficiary is entitled under the [F7 aid scheme or] support measure or type of operation under such support measure referred to in paragraph 1 for the claim year concerned shall be reduced by:

(a)

the percentage to be established in accordance with paragraph 3 [F8 , if it is not more than 10 %;

(b)

twice the percentage to be established in accordance with paragraph 3, if it is more than 10 % but not more than 20 %.

If the percentage established in accordance with paragraph 3 is more than 20 %, no [F6 aid or] support to which the beneficiary would have been entitled pursuant to Article 30(3) shall be granted under the [F7 aid scheme or] support measure or type of operation under such support measure for the claim year concerned.

If the percentage established in accordance with paragraph 3 is more than 50 %, no [F6 aid or] support to which the beneficiary would have been entitled pursuant to Article 30(3) shall be granted under the [F7 aid scheme or] support measure or type of operation under such support measure for the claim year concerned. Moreover, the beneficiary shall be subject to an additional penalty of an amount equal to the amount corresponding to the difference between the number of animals declared and the number of animals determined in accordance with Article 30(3). If that amount 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.

For other species than those referred to in Article 30(4) and (5) of this Regulation, [F9 the relevant authority] may decide to determine a number of animals different from the threshold of three animals provided for in paragraphs 1 and 2 of this Article. When determining that number, [F9 the relevant authority], shall ensure that it is equivalent in substance to that threshold, by inter alia taking into account the livestock units and/or the amount of [F6 aid or] support granted.]

3. In order to establish the percentages referred to in paragraphs 1 and 2, the number of animals declared under an [F10 animal aid scheme or] animal-related support measure or type of operation and found with non-compliances shall be divided by the number of animals determined for that animal [F11 aid scheme or] support measure or type of operation under such support measure in respect of the [F12 aid application or] payment claim or type of operation under such support measure for the claim year concerned.

For the purpose of this paragraph, where a [F13 relevant authority] makes use of the possibility of having a claimless system in accordance with Article 21(4) of Implementing Regulation (EU) No 809/2014 potentially eligible animals found not to be correctly identified or registered in the system for identification and registration for animals shall count as animals found with non-compliances [F14 , irrespectively of their status as regards the fulfilment of the eligibility requirements as laid down in Article 53(4) of Delegated Regulation (EU) No 639/2014].

4. Where the calculation of the total amount of [F15 aid or] support to which the beneficiary is entitled under [F16 an aid scheme or][F16 a] support measure or type of operation under such support measure for the claim year concerned is based on the number of days the animals fulfilling the eligibility conditions are present on the holding, the calculation of the number of animals found with non-compliances as referred to in paragraphs 1 and 2 shall also be based on the number of days those animals are present on the holding.

For potentially eligible animals as referred to in the second subparagraph of paragraph 3, the calculation of the number of animals found with non-compliances shall be based on the number of days on which the animals may qualify for the [F15 aid or] support.]]

Textual Amendments

F1 Arts. 30-34 omitted in so far as they relate to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(8)

F2 Substituted by Commission Delegated Regulation (EU) 2016/1393 of 4 May 2016 amending Delegated Regulation (EU) No 640/2014 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.

F3 Words in Art. 31(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 31(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 31(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(a)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 31(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 31(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 31(2) omitted in so far as it relates to direct payments (S.) (14.3.2021) by virtue of The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/9), regs. 1, 3

F9 Words in Art. 31(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), 15(21)(a); and words in Art. 31(2) 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(20)(b)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 31(3) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(c)(i)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 31(3) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(c)(i)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 31(3) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(c)(i)(cc) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 31(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(21)(b); and words in Art. 31(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(20)(c)(ii)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 31(3) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(c)(ii)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 31(4) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(20)(d)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in Art. 31(4) 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(20)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(20)); 2020 c. 1, Sch. 5 para. 1(1)