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Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance

Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance

TITLE I GENERAL PROVISIONS

Article 1 Scope

This Regulation lays down rules for the application of Regulation (EU) No 1306/2013 in relation to:

  1. notifications to be made by the Member States to the Commission in accordance with their obligations to protect the financial interests of the Union;

  2. administrative and on-the-spot checks to be carried out by the Member States with regard to the respect of eligibility criteria, commitments and other obligations;

  3. the minimum level of on-the-spot checks and on the obligation to increase that level or the possibility of reducing it;

  4. the reporting of the checks and verifications carried out and their results;

  5. the authorities responsible for carrying out checks for compliance as well as to the content of such checks;

  6. specific control measures and methods for determining tetrahydrocannabinol levels in hemp;

  7. the establishment and operation of a system for the verification of approved inter-branch organisations for the purposes of the crop-specific payment for cotton;

  8. cases in which aid applications and payment claims or any other communications, claims or requests may be corrected and adjusted after their submission;

  9. application and calculation of the partial or total withdrawal of payments;

  10. recovery of undue payments and penalties as well as of unduly allocated payment entitlements and the application of interest;

  11. the application and calculation of the administrative penalties;

  12. identifying a non-compliance as minor;

  13. aid applications and payment claims and applications for payment entitlements, including the final date for the submission of applications, the requirements as to the minimum amount of information to be included in applications, provisions for amendments to or withdrawal of aid applications, exemption from the requirement to submit aid applications and provisions which allow Member States to apply simplified procedures;

  14. the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim, including rules on measurement tolerances for on-the-spot checks;

  15. technical specifications needed for the purpose of the uniform implementation of Chapter II of Title V of Regulation (EC) No 1306/2013;

  16. the transfer of holdings;

  17. the payment of advances;

  18. the carrying out of checks relating to cross-compliance obligations, including the taking account of a farmer’s participation in the farm advisory system and a farmer’s participation in a certification system;

  19. the calculation and application of administrative penalties in respect of cross-compliance obligations, including as regards beneficiaries consisting of a group of persons.

Article 2 Exchange of information on aid applications, applications for support, payment claims and other declarations

1.

For the purpose of the proper administration of aid schemes and support measures and where, within a Member State, more than one paying agency is responsible for the management of direct payments and rural development measures with regard to the same beneficiary, the Member State concerned shall take the appropriate measures to ensure, where relevant, that the information requested in the aid applications, applications for support, payment claims or other declarations is made available to all paying agencies involved.

2.

Where checks are not carried out by the responsible paying agency, the Member State concerned shall ensure that sufficient information on the checks carried out and their results is received by that paying agency. It is for the paying agency to define its needs for information.

Article 3 Withdrawal of aid applications, applications for support, payment claims and other declarations

1.

An aid application, application for support, payment claim or other declaration may be totally or partially withdrawn at any time in writing. Such withdrawal shall be recorded by the competent authority.

Where a Member State makes use of the possibilities provided for in Article 21(3), that Member State may provide that the notifications to the computerised database for animals of an animal that has left the holding may substitute a withdrawal in writing.

2.

Where the competent authority has already informed the beneficiary of any cases of non-compliance in the documents referred to in paragraph 1, or where the competent authority has given notice to the beneficiary of its intention to carry out an on-the-spot check, or where an on-the-spot check reveals any non-compliance, withdrawals shall not be authorised in respect of the parts of those documents affected by the non-compliance.

3.

Withdrawals in accordance with paragraph 1 shall put beneficiaries into the position they were in before the submission of the documents in question or part thereof.

Article 4 Corrections and adjustments of obvious errors

Aid applications, applications for support or payment claims and any supporting documents provided by the beneficiary may be corrected and adjusted at any time after their submission in cases of obvious errors recognised by the competent authority on the basis of an overall assessment of the particular case and provided that the beneficiary acted in good faith.

The competent authority may recognise obvious errors only if they can be straightforwardly identified at a clerical check of the information given in the documents referred to in the first subparagraph.

Article 5 Application of reductions, refusals, withdrawals and penalties

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

Article 7 Recovery of undue payments

Article 8 Transfer of holdings

Article 9 Notifications

TITLE II INTEGRATED ADMINISTRATION AND CONTROL SYSTEM

CHAPTER I General rules

Article 10 Advances for direct payments

CHAPTER II Aid applications and payment claims

Section 1 Common provisions

Article 11 Simplification of procedures
Article 12 General provisions pertaining to the single application and to the submission of applications for support under rural development measures
Article 13 Final date of submission of the single application, aid applications or payment claims
Article 14 Contents of the single application or payment claim
Article 14a Collective claims
Article 15 Amendments to the single application or payment claim and modifications following the preliminary checks
Article 16 Correction of the pre-established forms

Section 2 aid applications for area-related aid schemes and payment claims for area-related support measures

Article 17 Specific requirements pertaining to aid applications for area-related aid schemes and payment claims for area-related support measures
Article 18 Declaration of a regional or collective implementation
Article 19 Applications relating to participation in and withdrawal from the small farmers scheme

Section 3 Other applications

Article 20 Specific provisions pertaining to aid applications
Article 21 Requirements pertaining to livestock aid application and to payment claims under animal-related support measures

Section 4 Specific provisions pertaining to payment entitlements

Article 22 Allocation or increase of the value of payment entitlements
Article 23 Recovery of undue payment entitlements

TITLE III CHECKS

CHAPTER I Common provisions

Article 24 General principles

Article 25 Announcement of on-the-spot checks

Article 26 Timing of on-the-spot checks

Article 27 Cross-notification of results of checks

CHAPTER II Administrative checks within the integrated system

Article 28 Administrative checks

Article 29 Cross-checks

CHAPTER III On-the-spot checks within the integrated system

Section 1 Common provisions

Article 30 Control rate for area-related aid schemes other than the payment for agricultural practices beneficial for the climate and environment
Article 31 Control rate for the greening payment
Article 32 Control rate for rural development measures
Article 33 Control rate for animal aid schemes
Article 33a Additional control rate for on-the-spot checks to follow-up the beneficiaries referred to in Article 19a(2) of Delegated Regulation (EU) No 640/2014
Article 34 Selection of the control sample
Article 35 Increase of the control rate
Article 36 Reduction of the control rate

Section 2 On-the-spot checks with regard to aid applications for area-related aid schemes and payment claims for area-related support measures

Article 37 Elements of on-the-spot checks
Article 38 Area measurement
Article 39 Verification of eligibility conditions
Article 40 Checks with remote sensing
Article 41 Control report

Section 3 On-the-spot checks of livestock aid applications and payment claims under animal-related support measures

Article 42 On-the-spot checks
Article 43 Control report in relation to animal aid schemes and animal-related support measures

CHAPTER IV Specific rules

Article 44 Rules on control results in respect of regional or collective ecological focus areas

TITLE IV NON-AREA-RELATED AND NON-ANIMAL-RELATED RURAL DEVELOPMENT MEASURES

CHAPTER I Introductory provision

Article 46 Scope

CHAPTER II Checks

Section 1 General provisions

Article 47 Applications for support, payment claims and other declarations

Section 2 Provisions for checks

Article 48 Administrative checks
Article 49 On-the-spot-checks
Article 50 Control rate and sampling of on-the-spot-checks
Article 51 Content of the on-the-spot-checks
Article 52 Ex-post checks
Article 53 Control report

Section 3 Provisions on checks for specific measures

Article 54 Knowledge transfer and information actions
Article 55 Advisory services, farm management and farm relief services
Article 56 Quality schemes for agricultural products, and foodstuffs
Article 57 Farm and business development
Article 58 Setting up of producer groups and organisations
Article 59 Risk management
Article 60 LEADER
Article 61 Interest rate and guarantee fee subsidies
Article 62 Technical assistance at the initiative of the Member States

CHAPTER III Undue payments and administrative penalties

Article 63 Partial or full withdrawal of the support and administrative penalties

TITLE V CONTROL SYSTEM AND ADMINISTRATIVE PENALTIES IN RELATION TO CROSS COMPLIANCE

CHAPTER I Common provisions

Article 64 Definitions

CHAPTER II Control

Section 1 General provisions

Article 65 Control system as regards cross-compliance
Article 66 Payment of aid in relation to checks of cross-compliance
Article 67 Responsibility of the competent control authority

Section 2 On-the-spot checks

Article 68 Minimum control rate
Article 69 Selection of the control sample
Article 70 Determination of the compliance with the requirements and standards
Article 71 Elements of the on-the-spot checks
Article 72 Control report

CHAPTER III Calculation and application of administrative penalties

Article 73 General principles

Article 74 Calculation and application of administrative penalties in case of negligence

Article 75 Calculation and application of administrative penalties in case of intentional non-compliance

TITLE VI FINAL PROVISIONS

Article 76 Entry into force and application