Article 19 Administrative penalties in cases of over-declarationC1
United Kingdom
If, in respect of a crop group as referred to in Article 17(1), the area declared for the purposes of any area-related F2aid schemes or support measures exceeds the area determined in accordance with Article 18, the aid shall be calculated on the basis of the area determined reduced by twice the difference found if that difference is more than either 3 % or two hectares, but no more than 20 % of the area determined.
If the difference is more than 20 % of the area determined, no area-related F3aid or support shall be granted for the crop group concerned.
If, in respect of a crop group as referred to in Article 17(1), the area declared for the purposes of any area-related aid schemes or support measures exceeds or is less than the area determined in accordance with Article 18, the aid shall be calculated on the basis of the area determined
If the difference is more than 50 %, no area-related aid or support shall be granted for the crop group concerned. Moreover, the beneficiary shall be subject to an additional penalty equal to the amount of aid or support corresponding to the difference between the area declared and the area determined in accordance with Article 18.
If the amount calculated in accordance with paragraphs 1 and 2 cannot be fully off-set in the course of the three calendar years following the calendar year of the finding, in accordance with Article 28 of Commission Implementing Regulation (EU) No 908/2014f1, the outstanding balance shall be cancelled.
Annotations
Textual amendments
- F1
Art. 19(1) substituted in so far as it relates to rural development support measures (E.) (28.7.2022) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 9(4)(a)
- F2
Words in Art. 19(1) 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(15A)(a) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(15)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 19 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(15A)(b) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(15)); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Art. 19(2) omitted in so far as it relates to rural development support measures (E.) (28.7.2022) by virtue of The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 9(4)(b)
- F5
Art. 19(3) omitted in so far as it relates to rural development support measures (E.) (28.7.2022) by virtue of The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 9(4)(b)
- F6
Modifications
- C1
Art. 19 excluded (N.I.) (19.6.2025) by The Farming with Nature Scheme Regulations (Northern Ireland) 2025 (S.R. 2025/101), regs. 1, 10
Footnotes
- f1
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Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency ( OJ L 255, 28.8.2014, p. 59 ).
Notes on Section 2
Textual amendments
- F1
Words in Title 2 Ch. 4 Section 2 title omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 7(7)(a) (with reg. 1(2)); and omitted (N.I.) (25.2.2021) by virtue of The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 6(6)(a)