{
  "url": "https://openlegislation.uk/eu-regulation-2013-1306/article-99",
  "json_url": "https://openlegislation.uk/eu-regulation-2013-1306/article-99.json",
  "legislation": "eur/2013/1306",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2013-1306",
  "path": "article/99",
  "kind": "article",
  "number": "99",
  "heading": "Calculation of the administrative penalty",
  "text": "1. The administrative penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the finding.\nFor the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.\n2. In the case of non compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of reoccurrence, shall not exceed 15 %.\nThe relevant authority may set up an early warning system that applies to cases of non-compliance which, given their minor severity, extent and duration, shall not, in duly justified cases, lead to a reduction or exclusion. Where the relevant authority decides to make use of this option, the competent authority shall send an early warning to the beneficiary, notifying the beneficiary of the finding and the obligation to take remedial action. In case a subsequent check establishes that the non-compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively.\nHowever, cases of non-compliance which constitute a direct risk to public or animal health shall always lead to a reduction or exclusion.\nThe relevant authority may give priority access to the farm advisory system to the beneficiaries who have received for the first time an early warning.\n3. In the case of intentional non-compliance, the percentage reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and may apply for one or more calendar years.\n4. In any event, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1.",
  "extent": "W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Title 6 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 1 (with Sch. Pt. 2 para. 2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 99(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), 8(9)(a); and words in Art. 99(2) substituted (31.12.2020 in so far as it 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, 8(9)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 99(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), 8(9)(b); and words in Art. 99(2) substituted (31.12.2020 in so far as it 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, 8(9)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "nisr/2025/165",
      "affecting_title": "The Farm Sustainability Standards Regulations (Northern Ireland) 2025"
    },
    {
      "type": "omitted",
      "affecting": "nisr/2025/165",
      "affecting_title": "The Farm Sustainability Standards Regulations (Northern Ireland) 2025"
    },
    {
      "type": "substituted for Art. 99(2)",
      "affecting": "nisr/2025/165",
      "affecting_title": "The Farm Sustainability Standards Regulations (Northern Ireland) 2025"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2026/105",
      "affecting_title": "The Farming with Nature Scheme (Amendment) Regulations (Northern Ireland) 2026"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2026/105",
      "affecting_title": "The Farming with Nature Scheme (Amendment) Regulations (Northern Ireland) 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2013/1306/article/99",
    "retrieved_at": "2026-11-01T14:48:07.726560+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}