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)

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 OJ L 347, 20.12.2013, p. 549. , 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. (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. (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. (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 Ares(2021)6573344 . (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

Annex

ANNEX Decision: 67 - UK only Budget Item: 6200 Member StateMeasureFYReasonTypeCorrection %CurrencyAmountDeductionsFinancial ImpactGBClearance of Accounts - Financial Clearance2019Late recovery orders - EAGFONE OFFEUR-342,950,00-342,95Clearance of Accounts - Financial Clearance2019Random error EAGF Non-IACSONE OFFEUR-313022,77-15651,14-297371,63Decoupled Direct Aids2018Weaknesses in Key control Administrative checks in respect of the aid claimed (LLF) - CY 2017 GPFLAT RATE10,00%EUR-5247160,510,00-5247160,51Decoupled Direct Aids2019Weaknesses in Key control Administrative checks in respect of the aid claimed (LLF) - CY 2017 GPFLAT RATE10,00%EUR-37486,290,00-37486,29Decoupled Direct Aids2019Weaknesses in Key control Administrative checks in respect of the aid claimed (LLF) - CY 2018 GPFLAT RATE10,00%EUR-4902353,400,00-4902353,40Decoupled Direct Aids2020Weaknesses in Key control Administrative checks in respect of the aid claimed (LLF) - CY 2019 GPFLAT RATE10,00%EUR-3833815,600,00-3833815,60Decoupled Direct Aids2020Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification)- CY 2019 BPSONE OFFEUR-3313,000,00-3313,00Decoupled Direct Aids2020Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification) - CY 2019 GPONE OFFEUR-1036,000,00-1036,00Decoupled Direct Aids2018Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification/recoveries )- CY 2017 BPSONE OFFEUR-4519391,390,00-4519391,39 Decoupled Direct Aids2019Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification/recoveries )- CY 2017 BPSONE OFFEUR-28342,610,00-28342,61Decoupled Direct Aids2018Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification/recoveries) - CY 2017 GPONE OFFEUR-1249445,830,00-1249445,83Decoupled Direct Aids2019Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification/recoveries) - CY 2017 GPONE OFFEUR-8926,170,00-8926,17Decoupled Direct Aids2019Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification/recoveries) - CY 2018 BPSONE OFFEUR-1202579,000,00-1202579,00Decoupled Direct Aids2019Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (cross notification/recoveries) - CY 2018 GPONE OFFEUR-339001,000,00-339001,00Decoupled Direct Aids2020Weaknesses in Key control Performance of cross-checks to establish eligibility of the parcel declared CY2019 GPONE OFFEUR-1125353,000,00-1125353,00Decoupled Direct Aids2016Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017ONE OFFEUR-1150143,070,00-1150143,07Decoupled Direct Aids2017Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017ONE OFFEUR-1152217,270,00-1152217,27

Decoupled Direct Aids2018Weaknesses in LPIS, payment entitlements etc. - open recoveries - claim years 2015 - 2017ONE OFFEUR-1154637,160,00-1154637,16Decoupled Direct Aids2018Weaknesses in the check of the active farmer condition - claim year 2017 - EAGFONE OFFEUR-2372363,900,00-2372363,90Decoupled Direct Aids2020Weaknesses in the checks of certain eligibility conditions - claim year 2019ONE OFFEUR-2126,800,00-2126,80Decoupled Direct Aids2016Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018ONE OFFEUR-2581,080,00-2581,08Decoupled Direct Aids2017Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018ONE OFFEUR-2800,790,00-2800,79Decoupled Direct Aids2018Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018ONE OFFEUR-3012,370,00-3012,37Decoupled Direct Aids2019Weaknesses in the checks of certain eligibility conditions - claim years 2015 - 2018ONE OFFEUR-3223,570,00-3223,57Decoupled Direct Aids2017Weaknesses in the checks of the minimum size of the holding - claim years 2016 and 2017ONE OFFEUR-1832,470,00-1832,47Decoupled Direct Aids2018Weaknesses in the checks of the minimum size of the holding - claim years 2016 and 2017ONE OFFEUR-1380,400,00-1380,40Decoupled Direct Aids2016Weaknesses in the use of the reserve - claim years 2015 - 2018ONE OFFEUR-124824,320,00-124824,32Decoupled Direct Aids2017Weaknesses in the use of the reserve - claim years 2015 - 2018ONE OFFEUR-93618,240,00-93618,24Decoupled Direct Aids2018Weaknesses in the use of the reserve - claim years 2015 - 2018ONE OFFEUR-62412,160,00-62412,16Decoupled Direct Aids2019Weaknesses in the use of the reserve - claim years 2015 - 2018ONE OFFEUR-31206,090,00-31206,09 Decoupled Direct Aids2018Weakness in Key control Correct calculation of the aid including administrative reductions and penalties (recoveries) - CY 2017 YFSONE OFFEUR-20580,170,00-20580,17Decoupled Direct Aids2019Weakness in Key control Correct calculation of the aid including administrative reductions and penalties (recoveries) - CY 2017 YFSONE OFFEUR-169,830,00-169,83Decoupled Direct Aids2019Weakness in Key control Correct calculation of the aid including administrative reductions and penalties (recoveries) - CY 2018 YFSONE OFFEUR-9081,000,00-9081,00Total GB:EUR-28999780,21-15651,14-28984129,07CurrencyAmountDeductionsFinancial ImpactEUR-28999780,21-15651,14-28984129,07 Budget Item: 6201 Member StateMeasureFYReasonTypeCorrection %CurrencyAmountDeductionsFinancial ImpactGBClearance of Accounts - Financial Clearance2019Known error EAFRD IACSONE OFFEUR-20000,000,00-20000,00Clearance of Accounts - Financial Clearance2019Late recovery orders EAFRD 2007-2013ONE OFFEUR-32067,300,00-32067,30Clearance of Accounts - Financial Clearance2019Late recovery orders EAFRD 2014-2020ONE OFFEUR-21454,910,00-21454,91Clearance of Accounts - Financial Clearance2019Random errors EAFRD Non-IACSONE OFFEUR-42967,380,00-42967,38Rural Development EAFRD measures subject to IACS2018Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (recoveries) - CYs 2017-2018 EAFRD M10 CSONE OFFEUR-31583,900,00-31583,90Rural Development EAFRD measures subject to IACS2019Weaknesses in Key control Correct calculation of the aid including administrative reductions and penalties (recoveries) - CYs 2017-2018 EAFRD M10 CSONE OFFEUR-36775,100,00-36775,10Rural Development EAFRD measures subject to IACS2018Weaknesses in the check of the active farmer condition - claim year 2017 - EAFRDONE OFFEUR-313994,820,00-313994,82Total GB:EUR-498843,410,00-498843,41CurrencyAmountDeductionsFinancial ImpactEUR-498843,410,00-498843,41