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Article 23 Basis of calculation of the payment for agricultural practices beneficial for the climate and the environment in respect of the eligible hectares declared under the basic payment scheme ...F1F7F2

United Kingdom

Original text. Later amendments are not shown.

(1.)

Where the F3relevant authority applies the basic payment scheme, the following shall apply:

  1. (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;

  2. (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.

(F42.)

Without prejudice to the administrative penalties applicable in accordance with Article 28, if the area declared in a single application for the basic payment F5... exceeds the area determined, the area determined shall be used for the calculation of the greening payment.

However, if the area determined for the basic payment scheme F6... is found to be greater than the area declared in the aid application, the area declared shall be used for the calculation of the greening payment.

Annotations

Textual amendments

F1

Title 2 Ch. 4 Section 3 omitted (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)(b) (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)(b)

F2

Arts. 22-29 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(12); and Arts. 20-29 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(17) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(17)); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 23(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(18)(b)

F4

Substituted by Commission Delegated Regulation (EU) 2017/723 of 16 February 2017 amending Delegated Regulation (EU) No 640/2014 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.

F5

Words in Art. 23(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(18)(c)(i)

F6

Words in Art. 23(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(18)(c)(ii)

F7

Words in Art. 23 heading 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(18)(a)