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Article 6 Order of reductions, refusals, withdrawals and penalties on each direct payment scheme or rural development measureE1

Scotland and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1.)

F1The amount of the payment to be granted to a beneficiary under a scheme listed in Annex I to Regulation (EU) No 1307/2013 shall be determined by the F2relevant authority on the basis of the conditions established in accordance with that Regulation F3....

(2.)

For F4each scheme listed in Annex I to Regulation (EU) No 1307/2013 and for each rural development measure in the scope of the integrated system as defined in point (6) of the second subparagraph of Article 2(1) of Delegated Regulation (EU) No 640/2014, the reductions, withdrawals and penalties shall be calculated, if relevant, in the following order:

  1. (a)

    the reductions and penalties provided for in Chapter IV of Title II of Delegated Regulation (EU) No 640/2014, except the penalties referred to in Article 16 of that Regulation, shall be applied to any case of non-compliance;

  2. (b)

    the amount resulting from the application of point (a) shall serve as a basis for the calculation of the refusals provided for in Title III of Delegated Regulation (EU) No 640/2014;

  3. (c)

    the amount resulting from the application of F5point (a) shall serve as a basis for the calculation of any reductions to be applied in case of late submission in accordance with Articles 13 and 14 of Delegated Regulation (EU) No 640/2014;

  4. (d)

    the amount resulting from the application of point (c) shall serve as a basis for the calculation of any reductions to be applied in cases of non-declaration of agricultural parcels in accordance with Article 16 of Delegated Regulation (EU) No 640/2014;

  5. (e)

    the amount resulting from the application of point (d) shall serve as a basis for the calculation of the withdrawals provided for in Title III of Delegated Regulation (EU) No 640/2014;

  6. (f)

    F6the amount resulting from the application of F7point (d) shall serve as a basis for applying:

    1. (i)

      the linear reduction provided for in Article 51(2) of Regulation (EU) No 1307/2013;

    2. (ii)

      the linear reduction provided for in Article 51(3) of Regulation (EU) No 1307/2013;

    3. (iii)

      F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. (iv)

      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. (v)

      F9the linear reduction to be applied in case the payments to be made in accordance with Article 41 of Regulation (EU) No 1307/2013 exceed the F10share of the national ceiling fixed in accordance with F11Article 42(1) of that Regulation.

(3.)

F12The amount resulting from the application of point (f) of paragraph 2 shall serve as a basis for:

  1. (a)

    applying the reduction of payments provided for in Article 11 of Regulation (EU) No 1307/2013;

  2. (b)

    F13...

  3. (c)

    F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4.)

The amount of the payment resulting from the application of F15paragraph 3paragraph 2 shall serve as a basis for the calculation of any reductions to be applied for the non-respect of cross-compliance in accordance with Chapter II of Title IV of Delegated Regulation (EU) No 640/2014.

Annotations

Textual amendments

F1

Art. 6(1) omitted (31.12.2020 in so far as it relates to 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, 5(6)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(8)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 6(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), 14(4)(a)

F3

Words in Art. 6(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), 14(4)(b)

F4

Words in Art. 6(2) omitted (31.12.2020 in so far as it relates to 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, 5(6)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(8)); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 6(2)(c) 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), 14(5)(a)

F6

Art. 6(2)(f) omitted (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 Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(6)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(8)); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 6(2)(f) 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), 14(5)(b)(i)

F8

Art. 6(2)(f)(iii)(iv) 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), 14(5)(b)(ii)

F9

Art. 6(2)(f)(v) omitted (E.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 7(3)(a); and Art. 6(2)(f)(v) omitted (S.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 5(2)(a)

F10

Words in Art. 6(2)(f)(v) inserted (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), 14(5)(b)(iii)(aa)

F11

Words in Art. 6(2)(f)(v) 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), 14(5)(b)(iii)(bb)

F12

Art. 6(3) omitted (31.12.2020 in so far as it relates to 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, 5(6)(c) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(8)); 2020 c. 1, Sch. 5 para. 1(1)

F13

Art. 6(3)(b) omitted (W. in so far as it 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), 4(4)(b); and omitted (E. in so far as it relates to direct payments) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 7(3)(b); and omitted (S. in so far as it relates to direct payments) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 5(2)(b); and omitted (N.I. in so far as it relates to direct payments) (23.2.2021) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 6(2)(a)

F14

Art. 6(3)(c) 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), 14(6)

F15

Words in Art. 6(4) 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 Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(6)(d) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(8)); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1

This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales