# Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, Article 63: Undue payments and administrative penalties

Extent: E+W+S+N.I.

1. 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aid or support, as provided for in the sectoral agricultural legislation, the aid shall may not be paid or shall may be withdrawn in full or in part and, where relevant, the corresponding payment entitlements as referred to in Article 21 of Regulation (EU) No 1307/2013 shall may not be allocated or shall may be withdrawn.
Where the non-compliance concerns ... rules on public procurement, the part of the aid not to be paid or to be withdrawn shallmay be determined on the basis of the gravity of the non-compliance and in accordance with the principle of proportionality.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regularity of the transaction shall may only be affected up to the level of the part of the aid not to be paid or to be withdrawn.
2. Moreover, where sectoral agricultural legislation so provides, the relevant authority shall relevant authority may also impose administrative penalties, in accordance with the rules laid down in Article 64 and Article 77. This shall be without prejudice to the provisions set out in Articles 91 to 101 of Title VI.
3. Without prejudice to Article 54(3), the amounts, including interest thereon, and payment entitlements, concerned by the withdrawal referred to in paragraph 1 and by the penalties referred to in paragraph 2 shall may be recovered.
4. The appropriate authority may make regulations laying down the conditions for the partial or total withdrawal referred to in paragraph 1.
5. The appropriate authority may make regulations laying down detailed procedural and technical rules on:
(a) the application and calculation of the partial or total withdrawal referred to in paragraph 1;
(b) the recovery of undue payments and penalties as well as in respect of unduly allocated payment entitlements and... the application of interest.
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Source: https://www.legislation.gov.uk/eur/2013/1306/article/63 (the official version)
Page: https://openlegislation.uk/eu-regulation-2013-1306/article-63
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.