# 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, Article 19a: Administrative penalties in cases of over-declaration of areas for ..., Natura 2000 and Water Framework Directive payments and payments to areas facing natural or other specific constraints Administrative penalties in cases of over-declaration of areas for agri-environment climate, organic farming, the basic payment scheme , the re-distributive payment and the young farmers scheme

Extent: E+W+S

(1.) If, in respect of a crop group as referred to in Article 17(1), the area declared for the aid schemes provided for in Chapters 1 , 2... and 5 of Title III ... of Regulation (EU) No 1307/2013 and the support measures referred to in Articles 28, 29 30 and 31 of Regulation (EU) No 1305/2013 exceeds the area determined in accordance with Article 18 of this Regulation, the aid or support shall be calculated on the basis of the area determined reduced by 1,5 times the difference found if that difference is more than either 3 % of the area determined or 2 hectares.
The administrative penalty shall not exceed 100 % of the amounts based on the area declared.
(2.) Where no administrative penalty has yet been imposed on the beneficiary under paragraph 1 for over-declaration of areas for the aid scheme or support measure concerned, the administrative penalty referred to in that paragraph shall be reduced by 50 % if the difference between the area declared and the area determined does not exceed 10 % of the area determined.The administrative penalty referred to in paragraph 1 is to be reduced by 50% if the difference between the area declared and the area determined does not exceed 10% of the area determined.
(3.) Where a beneficiary had his administrative penalty reduced in accordance with paragraph 2 and another administrative penalty as referred to in this Article and in Article 21 is to be imposed on that beneficiary for the aid scheme or support measure concerned in respect of the following claim year, he shall pay the full administrative penalty in respect of that following claim year and shall pay the amount by which the administrative penalty calculated in accordance with paragraph 1 had been reduced in accordance with paragraph 2.
(4.) If the amount calculated in accordance with paragraphs 1, 2 and 3paragraphs 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 Implementing Regulation (EU) No 908/2014, the outstanding balance shall be cancelled.

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Source: https://www.legislation.gov.uk/eur/2014/640/article/19a (the official version)
Page: https://openlegislation.uk/eu-regulation-2014-640/article-19a
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.