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 4Voluntary coupled support based on livestock aid applications under animal aid schemes or rural development support based on payment claims under animal-related support measures

F1F2Article 31 Administrative penalties in respect of declared animals under the animal aid schemes or animal-related support measures

1.

Where, F3in 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 F4aid or support to which the beneficiary is entitled under that F5aid 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 F6aid or support to which the beneficiary is entitled under the F7aid 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:

  1. (a)

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

  2. (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 F6aid or support to which the beneficiary would have been entitled pursuant to Article 30(3) shall be granted under the F7aid 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 F6aid or support to which the beneficiary would have been entitled pursuant to Article 30(3) shall be granted under the F7aid 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, F9the 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, F9the 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 F6aid or support granted.

3.

In order to establish the percentages referred to in paragraphs 1 and 2, the number of animals declared under an F10animal 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 F11aid scheme or support measure or type of operation under such support measure in respect of the F12aid 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 F13relevant 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 F15aid or support to which the beneficiary is entitled under F16an aid scheme orF16a 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 F15aid or support.