TITLE IV

NON-AREA-RELATED AND NON-ANIMAL-RELATED RURAL DEVELOPMENT MEASURES
CHAPTER III

Undue payments and administrative penalties

Partial or full withdrawal of the support and administrative penalties
Article 63
1.
Payments shall be calculated on the basis of amounts found to be eligible during the administrative checks referred to in Article 48.
The competent authority shall examine the payment claim received from the beneficiary, and establish the amounts that are eligible for support. It shall establish:
1. the amount that is payable to the beneficiary based on the payment claim and the grant decision;
2. the amount that is payable to the beneficiary after an examination of the eligibility of the expenditure in the payment claim.
If the amount established pursuant to point (a) of the second subparagraph exceeds the amount established pursuant to point (b) of that subparagraph by more than 10 %, an administrative penalty shall be applied to the amount established pursuant to that point (b). The amount of the penalty shall be the difference between those two amounts but shall not go beyond full withdrawal of the support.
However, no penalties shall be applied if the beneficiary can demonstrate to the satisfaction of the competent authority that he is not at fault for the inclusion of the ineligible amount or if the competent authority is otherwise satisfied that the beneficiary concerned is not at fault.
2.
The administrative penalty referred to in paragraph 1 shall be applied
mutatis mutandis
to non-eligible expenditure identified during on-the-spot checks referred to in Article 49.

Partial or full withdrawal of the support and administrative penalties
Article 63
1.
Payments shall be adjusted on the basis of amounts found to be eligible during the administrative checks referred to in Article 48.
The competent authority shall examine the payment claim received from the beneficiary, and establish the amounts that are eligible for support. It shall establish:
1. the amount that is payable to the beneficiary based on the payment claim and the grant decision;
2. the amount that is payable to the beneficiary after an examination of the eligibility of the expenditure in the payment claim.
If the amount established pursuant to point (a) of the second subparagraph exceeds the amount established pursuant to point (b) of that subparagraph by more than 10 %, an administrative penalty shall be applied to the amount established pursuant to that point (b). The amount of the penalty shall be the difference between those two amounts but shall not go beyond full withdrawal of the support.
However, no penalties shall be applied if the beneficiary can demonstrate to the satisfaction of the competent authority that he is not at fault for the inclusion of the ineligible amount or if the competent authority is otherwise satisfied that the beneficiary concerned is not at fault.
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Substituted by Commission Implementing Regulation (EU) 2017/1242 of 10 July 2017 amending Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross-compliance.
This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only
This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only
Word in Art. 63(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(26)(a)
Art. 63(2) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(26)(b)