{
  "url": "https://openlegislation.uk/eu-regulation-2014-640/article-18",
  "json_url": "https://openlegislation.uk/eu-regulation-2014-640/article-18.json",
  "legislation": "eur/2014/640",
  "legislation_title": "Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2014-640",
  "path": "article/18",
  "kind": "article",
  "number": "18",
  "heading": "Basis of calculation in respect of area-related payments",
  "text": "(1.) With regard to an aid applications under the basic payment scheme ... , the re-distributive payment... and, where applicable, the young farmer scheme and where the relevant authority applies the basic payment scheme farm sustainability transition payment scheme, the following shall apply:\n(a)if the number of payment entitlements declared exceeds the number of payment entitlements at the beneficiary’s disposal, the number of payment entitlements declared shall be reduced to the number of payment entitlements at the beneficiary’s disposal;\n(b)if there is a difference between the number of payment entitlements declared and the area declared, the area declared shall be adjusted to the lowest figure.\n...\n(2.) In case of the payment for young farmers and where the relevant authority opts for the payment method laid down in Article 50(6) ...and (8) of Regulation (EU) No 1307/2013; if the area declared under the basic payment scheme farm sustainability transition payment scheme ... exceeds the limit set by the relevant authority in accordance with Article 50(9) of that Regulation, the area declared shall be reduced to that limit.\n(3.) In case of the re-distributive payment, if the area declared under the basic payment scheme farm sustainability transition payment scheme ... exceeds the limits set by the relevant authority in accordance with Article 41(4) of Regulation (EU) No 1307/2013, the area declared shall be reduced to that limit.\n(4.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5.) In case of aid applications and/or payment claims under area-related aid schemes or support measures, if the area of a crop group determined is established to be greater than the area declared in the aid application, the area declared shall be used for the calculation of the aid.\n(6.) Without prejudice to administrative penalties in accordance with Article 19, in the case of aid applications and/or payment claims under area-related aid schemes or support measures, if the area declared exceeds the area determined for a crop group as referred to in Article 17(1), the aid shall be calculated on the basis of the area determined for that crop group.\nHowever, without prejudice to Article 60 of Regulation (EU) No 1306/2013, if the difference between the total area determined and the total area declared for payment under the direct aid schemes established in Titles III and IVTitle III of Regulation (EU) No 1307/2013 or the total area declared for payment under an area-related support measure is less than or equal to 0,1 hectare, the area determined shall be set equal to the area declared. For this calculation only over-declarations of areas at the level of a crop group as referred to in Article 17(1) shall be taken into account.\nThe second subparagraph shall not apply where that difference represents more than 20 % of the total area declared for payments.\n(7.) For the purpose of calculating the aid under the basic payment scheme farm sustainability transition payment scheme, the average of the values of different payment entitlements in relation to the respective area declared shall be taken into account.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 18(1)-(4) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 18(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), 15(15)(a)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 18(1) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(6)(a); and omitted in so far as it relates to direct payments (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 6(4)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 18(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), 15(15)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 18(1) 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), 15(15)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 18(1) substituted (N.I.) (24.2.2025 in relation to the 2025 scheme) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), reg. 1, Sch. 2 para. 4(3)(d)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Art. 18(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), 15(15)(a)(iv)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Art. 18(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), 15(15)(b)(i)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Word in Art. 18(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), 15(15)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Art. 18(2) omitted (W. insofar as relates to direct payments) (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 3(10)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Art. 18(2) substituted (N.I.) (24.2.2025 in relation to the 2025 scheme) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), reg. 1, Sch. 2 para. 4(3)(d)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in Art. 18(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), 15(15)(b)(iii)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Art. 18(3) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(6)(b); and omitted in so far as it relates to direct payments (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 6(4)(b)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in Art. 18(3) substituted (N.I.) (24.2.2025 in relation to the 2025 scheme) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), reg. 1, Sch. 2 para. 4(3)(d)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in Art. 18(3) 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), 15(15)(c)(i)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in Art. 18(3) 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), 15(15)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Art. 18(4) 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), 15(15)(d); and Art. 18(1)-(4) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in Art. 18(5) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in Art. 18(5) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in Art. 18(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(c)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words in Art. 18(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(c)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Words in Art. 18(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(c)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in Art. 18(6) substituted in so far as it relates to direct payments (E.) (1.1.2021) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(6)(c)"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in Art. 18(6) 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), 15(15)(e)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Art. 18(7) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(d) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Words in Art. 18(7) substituted (N.I.) (24.2.2025 in relation to the 2025 scheme) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), reg. 1, Sch. 2 para. 4(3)(d)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "nisr/2025/33",
      "affecting_title": "The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2025/33",
      "affecting_title": "The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2025/33",
      "affecting_title": "The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2025/33",
      "affecting_title": "The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2014/640/article/18",
    "retrieved_at": "2026-11-01T14:47:34.221216+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."
}