Article 63 Undue payments and administrative penalties
United Kingdom
Where it is found that a beneficiary does not comply with the eligibility criteria, commitments or other obligations relating to the conditions for the granting of the aid or support, as provided for in the sectoral agricultural legislation, the aid F1shall may not be paid or shall may be withdrawn in full or in part F2and, where relevant, the corresponding payment entitlements as referred to in Article 21 of Regulation (EU) No 1307/2013 shallmay not be allocated or shallmay be withdrawn.
F3F4Where the non-compliance concerns F5... rules on public procurement, the part of the aid not to be paid or to be withdrawn shallmay be determined on the basis of the gravity of the non-compliance and in accordance with the principle of proportionality. The legality and regularity of the transaction shallmay only be affected up to the level of the part of the aid not to be paid or to be withdrawn.
Moreover, where sectoral agricultural legislation so provides, F6the F7relevant authority shall relevant authority may also impose administrative penalties, in accordance with the rules laid down in F8Article 64 and Article 77. F9This shall be without prejudice to the provisions set out in Articles 91 to 101 of Title VI.
The F12appropriate authority may make regulations laying down the conditions for the partial or total withdrawal referred to in paragraph 1.
Annotations
Textual amendments
- F1
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Word in Art. 63(1) substituted (E.) (28.7.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 8(2)(a)
- F2
-
Words in Art. 63(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
-
Words in Art. 63(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(5)(a)
- F4
- F5
-
Words in Art. 63(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
- F6
-
Words in Art. 63(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), 7(5)(b)(i); and words in Art. 63(2) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F7
-
Words in Art. 63(2) substituted (E.) (28.7.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 8(2)(b)
- F8
-
Words in Art. 63(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(5)(b)(ii)
- F9
-
Words in Art. 63(2) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg. 1(1), Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)
- F10
-
Words in Art. 63(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(c) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
- F11
-
Word in Art. 63(3) substituted (E.) (28.7.2022 in so far as it relates to rural development support measures) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 8(2)(c)
- F12
-
Words in Art. 63(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(a); 2020 c. 1, Sch. 5 para. 1(1)
- F13
-
Words in Art. 63(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F14
-
Words in Art. 63(5)(b) inserted (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), 15(2)
- F15
-
Words in Art. 63(5)(b) omitted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(b)(ia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 10(6)); 2020 c. 1, Sch. 5 para. 1(1)
- F16
-
Words in Art. 63(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)