# L_2021413EN.01000301.xml

| 19.11.2021 | EN | Official Journal of the European Union | L 413/3 |
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19.11.2021

EN

Official Journal of the European Union

L 413/3

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COMMISSION IMPLEMENTING DECISION (EU) 2021/2019

of 17 November 2021

excluding from European Union financing certain expenditure incurred by the United Kingdom under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD)

(notified under document C(2021) 8164)

(Only the English text is authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 52 thereof, in conjunction with Articles 131 and 138 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,

After consulting the Committee on the Agricultural Funds,

Whereas:

| (1) | In accordance with Article 52 of Regulation (EU) No 1306/2013, the Commission is to carry out the necessary verifications, communicate to the United Kingdom the results of those verifications, take note of the comments provided by the United Kingdom, initiate a bilateral discussion so that an agreement may be reached and formally communicate its conclusions to the United Kingdom. |
| --- | --- |

(1)

In accordance with Article 52 of Regulation (EU) No 1306/2013, the Commission is to carry out the necessary verifications, communicate to the United Kingdom the results of those verifications, take note of the comments provided by the United Kingdom, initiate a bilateral discussion so that an agreement may be reached and formally communicate its conclusions to the United Kingdom.

| (2) | The United Kingdom has had an opportunity to request the launch of a conciliation procedure, but did not request it. |
| --- | --- |

(2)

The United Kingdom has had an opportunity to request the launch of a conciliation procedure, but did not request it.

| (3) | In accordance with Regulation (EU) No 1306/2013, only agricultural expenditure, which has been incurred in a way that has not infringed Union law may be financed. |
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(3)

In accordance with Regulation (EU) No 1306/2013, only agricultural expenditure, which has been incurred in a way that has not infringed Union law may be financed.

| (4) | In the light of the verifications carried out and the outcome of the bilateral discussion, part of the expenditure declared by the United Kingdom does not fulfil this requirement and cannot therefore be financed under the EAGF and the EAFRD. |
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(4)

In the light of the verifications carried out and the outcome of the bilateral discussion, part of the expenditure declared by the United Kingdom does not fulfil this requirement and cannot therefore be financed under the EAGF and the EAFRD.

| (5) | The amounts that are not recognised as being chargeable to the EAGF and the EAFRD should be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission’s written notification of the results of the verifications to the United Kingdom. |
| --- | --- |

(5)

The amounts that are not recognised as being chargeable to the EAGF and the EAFRD should be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission’s written notification of the results of the verifications to the United Kingdom.

| (6) | The amounts excluded from Union financing by this Decision should also take into account any reductions or suspensions in accordance with Article 41 of Regulation (EU) No 1306/2013 due to the fact that such reductions or suspensions are of a provisional nature and without prejudice to decisions taken pursuant to Articles 51 or 52 of that Regulation. |
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(6)

The amounts excluded from Union financing by this Decision should also take into account any reductions or suspensions in accordance with Article 41 of Regulation (EU) No 1306/2013 due to the fact that such reductions or suspensions are of a provisional nature and without prejudice to decisions taken pursuant to Articles 51 or 52 of that Regulation.

| (7) | As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non-compliance with Union law was notified by the Commission to the United Kingdom in a summary report on the subject (2). |
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(7)

As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non-compliance with Union law was notified by the Commission to the United Kingdom in a summary report on the subject (2).

| (8) | This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice of the European Union in cases pending on 31 May 2021, |
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(8)

This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice of the European Union in cases pending on 31 May 2021,

HAS ADOPTED THIS DECISION:

Article 1

The amounts set out in the Annex and related to expenditure incurred by the United Kingdom’s accredited paying agencies and declared under the EAGF and the EAFRD shall be excluded from Union financing.

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 17 November 2021.

For the Commission

Janusz WOJCIECHOWSKI

Member of the Commission

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(1)  
  OJ L 347, 20.12.2013, p. 549.

1

(2)  Ares(2021)6573344

2

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ANNEX

Decision: 67 - UK only

Budget Item: 6200

| Member State | Measure | FY | Reason | Type | Correction % | Currency | Amount | Deductions | Financial Impact |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| GB | Clearance of Accounts - Financial Clearance | 2019 | Late recovery orders - EAGF | ONE OFF | | EUR | - 342,95 | 0,00 | - 342,95 |
| | Clearance of Accounts - Financial Clearance | 2019 | Random error EAGF Non-IACS | ONE OFF | | EUR | - 313 022,77 | -15 651,14 | - 297 371,63 |
| | Decoupled Direct Aids | 2018 | Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2017 GP | FLAT RATE | 10,00 % | EUR | -5 247 160,51 | 0,00 | -5 247 160,51 |
| | Decoupled Direct Aids | 2019 | Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2017 GP | FLAT RATE | 10,00 % | EUR | -37 486,29 | 0,00 | -37 486,29 |
| | Decoupled Direct Aids | 2019 | Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2018 GP | FLAT RATE | 10,00 % | EUR | -4 902 353,40 | 0,00 | -4 902 353,40 |
| | Decoupled Direct Aids | 2020 | Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2019 GP | FLAT RATE | 10,00 % | EUR | -3 833 815,60 | 0,00 | -3 833 815,60 |
| | Decoupled Direct Aids | 2020 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification)- CY 2019 BPS | ONE OFF | | EUR | -3 313,00 | 0,00 | -3 313,00 |
| | Decoupled Direct Aids | 2020 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification) - CY 2019 GP | ONE OFF | | EUR | -1 036,00 | 0,00 | -1 036,00 |
| | Decoupled Direct Aids | 2018 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries )- CY 2017 BPS | ONE OFF | | EUR | -4 519 391,39 | 0,00 | -4 519 391,39 |
| | Decoupled Direct Aids | 2019 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries )- CY 2017 BPS | ONE OFF | | EUR | -28 342,61 | 0,00 | -28 342,61 |
| | Decoupled Direct Aids | 2018 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2017 GP | ONE OFF | | EUR | -1 249 445,83 | 0,00 | -1 249 445,83 |
| | Decoupled Direct Aids | 2019 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2017 GP | ONE OFF | | EUR | -8 926,17 | 0,00 | -8 926,17 |
| | Decoupled Direct Aids | 2019 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2018 BPS | ONE OFF | | EUR | -1 202 579,00 | 0,00 | -1 202 579,00 |
| | Decoupled Direct Aids | 2019 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2018 GP | ONE OFF | | EUR | - 339 001,00 | 0,00 | - 339 001,00 |
| | Decoupled Direct Aids | 2020 | Weaknesses in Key control ‘Performance of cross-checks to establish eligibility of the parcel declared’ CY2019 GP | ONE OFF | | EUR | -1 125 353,00 | 0,00 | -1 125 353,00 |
| | Decoupled Direct Aids | 2016 | Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017 | ONE OFF | | EUR | -1 150 143,07 | 0,00 | -1 150 143,07 |
| | Decoupled Direct Aids | 2017 | Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017 | ONE OFF | | EUR | -1 152 217,27 | 0,00 | -1 152 217,27 |
| | Decoupled Direct Aids | 2018 | Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017 | ONE OFF | | EUR | -1 154 637,16 | 0,00 | -1 154 637,16 |
| | Decoupled Direct Aids | 2018 | Weaknesses in the check of the active farmer condition - claim year 2017 - EAGF | ONE OFF | | EUR | -2 372 363,90 | 0,00 | -2 372 363,90 |
| | Decoupled Direct Aids | 2020 | Weaknesses in the checks of certain eligibility conditions - claim year 2019 | ONE OFF | | EUR | -2 126,80 | 0,00 | -2 126,80 |
| | Decoupled Direct Aids | 2016 | Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018 | ONE OFF | | EUR | -2 581,08 | 0,00 | -2 581,08 |
| | Decoupled Direct Aids | 2017 | Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018 | ONE OFF | | EUR | -2 800,79 | 0,00 | -2 800,79 |
| | Decoupled Direct Aids | 2018 | Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018 | ONE OFF | | EUR | -3 012,37 | 0,00 | -3 012,37 |
| | Decoupled Direct Aids | 2019 | Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018 | ONE OFF | | EUR | -3 223,57 | 0,00 | -3 223,57 |
| | Decoupled Direct Aids | 2017 | Weaknesses in the checks of the minimum size of the holding - claim years 2016 and 2017 | ONE OFF | | EUR | -1 832,47 | 0,00 | -1 832,47 |
| | Decoupled Direct Aids | 2018 | Weaknesses in the checks of the minimum size of the holding - claim years 2016 and 2017 | ONE OFF | | EUR | -1 380,40 | 0,00 | -1 380,40 |
| | Decoupled Direct Aids | 2016 | Weaknesses in the use of the reserve - claim years 2015 - 2018 | ONE OFF | | EUR | - 124 824,32 | 0,00 | - 124 824,32 |
| | Decoupled Direct Aids | 2017 | Weaknesses in the use of the reserve - claim years 2015 - 2018 | ONE OFF | | EUR | -93 618,24 | 0,00 | -93 618,24 |
| | Decoupled Direct Aids | 2018 | Weaknesses in the use of the reserve - claim years 2015 - 2018 | ONE OFF | | EUR | -62 412,16 | 0,00 | -62 412,16 |
| | Decoupled Direct Aids | 2019 | Weaknesses in the use of the reserve - claim years 2015 - 2018 | ONE OFF | | EUR | -31 206,09 | 0,00 | -31 206,09 |
| | Decoupled Direct Aids | 2018 | Weakness in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CY 2017 YFS | ONE OFF | | EUR | -20 580,17 | 0,00 | -20 580,17 |
| | Decoupled Direct Aids | 2019 | Weakness in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CY 2017 YFS | ONE OFF | | EUR | - 169,83 | 0,00 | - 169,83 |
| | Decoupled Direct Aids | 2019 | Weakness in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CY 2018 YFS | ONE OFF | | EUR | -9 081,00 | 0,00 | -9 081,00 |
| | Total GB: | EUR | -28 999 780,21 | -15 651,14 | -28 984 129,07 |

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

GB

Clearance of Accounts - Financial Clearance

2019

Late recovery orders - EAGF

ONE OFF

EUR

- 342,95

0,00

- 342,95

Clearance of Accounts - Financial Clearance

2019

Random error EAGF Non-IACS

ONE OFF

EUR

- 313 022,77

-15 651,14

- 297 371,63

Decoupled Direct Aids

2018

Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2017 GP

FLAT RATE

10,00 %

EUR

-5 247 160,51

0,00

-5 247 160,51

Decoupled Direct Aids

2019

Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2017 GP

FLAT RATE

10,00 %

EUR

-37 486,29

0,00

-37 486,29

Decoupled Direct Aids

2019

Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2018 GP

FLAT RATE

10,00 %

EUR

-4 902 353,40

0,00

-4 902 353,40

Decoupled Direct Aids

2020

Weaknesses in Key control ‘Administrative checks in respect of the aid claimed ’ (LLF) - CY 2019 GP

FLAT RATE

10,00 %

EUR

-3 833 815,60

0,00

-3 833 815,60

Decoupled Direct Aids

2020

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification)- CY 2019 BPS

ONE OFF

EUR

-3 313,00

0,00

-3 313,00

Decoupled Direct Aids

2020

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification) - CY 2019 GP

ONE OFF

EUR

-1 036,00

0,00

-1 036,00

Decoupled Direct Aids

2018

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries )- CY 2017 BPS

ONE OFF

EUR

-4 519 391,39

0,00

-4 519 391,39

Decoupled Direct Aids

2019

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries )- CY 2017 BPS

ONE OFF

EUR

-28 342,61

0,00

-28 342,61

Decoupled Direct Aids

2018

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2017 GP

ONE OFF

EUR

-1 249 445,83

0,00

-1 249 445,83

Decoupled Direct Aids

2019

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2017 GP

ONE OFF

EUR

-8 926,17

0,00

-8 926,17

Decoupled Direct Aids

2019

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2018 BPS

ONE OFF

EUR

-1 202 579,00

0,00

-1 202 579,00

Decoupled Direct Aids

2019

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (cross notification/recoveries) - CY 2018 GP

ONE OFF

EUR

- 339 001,00

0,00

- 339 001,00

Decoupled Direct Aids

2020

Weaknesses in Key control ‘Performance of cross-checks to establish eligibility of the parcel declared’ CY2019 GP

ONE OFF

EUR

-1 125 353,00

0,00

-1 125 353,00

Decoupled Direct Aids

2016

Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017

ONE OFF

EUR

-1 150 143,07

0,00

-1 150 143,07

Decoupled Direct Aids

2017

Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017

ONE OFF

EUR

-1 152 217,27

0,00

-1 152 217,27

Decoupled Direct Aids

2018

Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017

ONE OFF

EUR

-1 154 637,16

0,00

-1 154 637,16

Decoupled Direct Aids

2018

Weaknesses in the check of the active farmer condition - claim year 2017 - EAGF

ONE OFF

EUR

-2 372 363,90

0,00

-2 372 363,90

Decoupled Direct Aids

2020

Weaknesses in the checks of certain eligibility conditions - claim year 2019

ONE OFF

EUR

-2 126,80

0,00

-2 126,80

Decoupled Direct Aids

2016

Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018

ONE OFF

EUR

-2 581,08

0,00

-2 581,08

Decoupled Direct Aids

2017

Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018

ONE OFF

EUR

-2 800,79

0,00

-2 800,79

Decoupled Direct Aids

2018

Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018

ONE OFF

EUR

-3 012,37

0,00

-3 012,37

Decoupled Direct Aids

2019

Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018

ONE OFF

EUR

-3 223,57

0,00

-3 223,57

Decoupled Direct Aids

2017

Weaknesses in the checks of the minimum size of the holding - claim years 2016 and 2017

ONE OFF

EUR

-1 832,47

0,00

-1 832,47

Decoupled Direct Aids

2018

Weaknesses in the checks of the minimum size of the holding - claim years 2016 and 2017

ONE OFF

EUR

-1 380,40

0,00

-1 380,40

Decoupled Direct Aids

2016

Weaknesses in the use of the reserve - claim years 2015 - 2018

ONE OFF

EUR

- 124 824,32

0,00

- 124 824,32

Decoupled Direct Aids

2017

Weaknesses in the use of the reserve - claim years 2015 - 2018

ONE OFF

EUR

-93 618,24

0,00

-93 618,24

Decoupled Direct Aids

2018

Weaknesses in the use of the reserve - claim years 2015 - 2018

ONE OFF

EUR

-62 412,16

0,00

-62 412,16

Decoupled Direct Aids

2019

Weaknesses in the use of the reserve - claim years 2015 - 2018

ONE OFF

EUR

-31 206,09

0,00

-31 206,09

Decoupled Direct Aids

2018

Weakness in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CY 2017 YFS

ONE OFF

EUR

-20 580,17

0,00

-20 580,17

Decoupled Direct Aids

2019

Weakness in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CY 2017 YFS

ONE OFF

EUR

- 169,83

0,00

- 169,83

Decoupled Direct Aids

2019

Weakness in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CY 2018 YFS

ONE OFF

EUR

-9 081,00

0,00

-9 081,00

Total GB:

EUR

-28 999 780,21

-15 651,14

-28 984 129,07

| Currency | Amount | Deductions | Financial Impact |
| --- | --- | --- | --- |
| EUR | -28 999 780,21 | -15 651,14 | -28 984 129,07 |

Currency

Amount

Deductions

Financial Impact

EUR

-28 999 780,21

-15 651,14

-28 984 129,07

Budget Item: 6201

| Member State | Measure | FY | Reason | Type | Correction % | Currency | Amount | Deductions | Financial Impact |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| GB | Clearance of Accounts - Financial Clearance | 2019 | Known error EAFRD IACS | ONE OFF | | EUR | -20 000,00 | 0,00 | -20 000,00 |
| | Clearance of Accounts - Financial Clearance | 2019 | Late recovery orders EAFRD 2007-2013 | ONE OFF | | EUR | -32 067,30 | 0,00 | -32 067,30 |
| | Clearance of Accounts - Financial Clearance | 2019 | Late recovery orders EAFRD 2014-2020 | ONE OFF | | EUR | -21 454,91 | 0,00 | -21 454,91 |
| | Clearance of Accounts - Financial Clearance | 2019 | Random errors EAFRD Non-IACS | ONE OFF | | EUR | -42 967,38 | 0,00 | -42 967,38 |
| | Rural Development EAFRD measures subject to IACS | 2018 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CYs 2017-2018 EAFRD M10 CS | ONE OFF | | EUR | -31 583,90 | 0,00 | -31 583,90 |
| | Rural Development EAFRD measures subject to IACS | 2019 | Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CYs 2017-2018 EAFRD M10 CS | ONE OFF | | EUR | -36 775,10 | 0,00 | -36 775,10 |
| | Rural Development EAFRD measures subject to IACS | 2018 | Weaknesses in the check of the active farmer condition - claim year 2017 - EAFRD | ONE OFF | | EUR | - 313 994,82 | 0,00 | - 313 994,82 |
| | Total GB: | EUR | - 498 843,41 | 0,00 | - 498 843,41 |

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

GB

Clearance of Accounts - Financial Clearance

2019

Known error EAFRD IACS

ONE OFF

EUR

-20 000,00

0,00

-20 000,00

Clearance of Accounts - Financial Clearance

2019

Late recovery orders EAFRD 2007-2013

ONE OFF

EUR

-32 067,30

0,00

-32 067,30

Clearance of Accounts - Financial Clearance

2019

Late recovery orders EAFRD 2014-2020

ONE OFF

EUR

-21 454,91

0,00

-21 454,91

Clearance of Accounts - Financial Clearance

2019

Random errors EAFRD Non-IACS

ONE OFF

EUR

-42 967,38

0,00

-42 967,38

Rural Development EAFRD measures subject to IACS

2018

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CYs 2017-2018 EAFRD M10 CS

ONE OFF

EUR

-31 583,90

0,00

-31 583,90

Rural Development EAFRD measures subject to IACS

2019

Weaknesses in Key control ‘Correct calculation of the aid including administrative reductions and penalties’ (recoveries) - CYs 2017-2018 EAFRD M10 CS

ONE OFF

EUR

-36 775,10

0,00

-36 775,10

Rural Development EAFRD measures subject to IACS

2018

Weaknesses in the check of the active farmer condition - claim year 2017 - EAFRD

ONE OFF

EUR

- 313 994,82

0,00

- 313 994,82

Total GB:

EUR

- 498 843,41

0,00

- 498 843,41

| Currency | Amount | Deductions | Financial Impact |
| --- | --- | --- | --- |
| EUR | - 498 843,41 | 0,00 | - 498 843,41 |

Currency

Amount

Deductions

Financial Impact

EUR

- 498 843,41

0,00

- 498 843,41

---