Ref. Ares(2016)6261335 - 04/11/2016
Examples of the yellow card
Examples of the yellow card
Purpose of the example
Description of the situation
A1
BPS/SAPS
Overdeclaration for BPS/SAPS in 2015, and again
overdeclaration for BPS/SAPS in 2016. Does he gets a
yellow card in 2016?
Yellow card: YES/NO?
Yes, if the overdeclaration in 2016 is between 3% (or 2
hectares) and 10% of the determined area he gets the
yellow card in 2016. The yellow card provision starts as
from 2016, therefore he is considered as a first offender.
For future years the normal penalty for the BPS/SAPS
applies.
Follow-up checks (Article 33a of Implementing
Regulation (EU) No 809/2014): YES/NO?
YES in 2017 for BPS/SAPS, only if controlled on-the-spot in
2016 and if the over-declaration in 2016 did not lead to an
update of LPIS in the year of the finding(*).
(*): The terms "in the year of the finding" in the second paragraph of
Article 33a do not refer to the calendar year (i.e. from 1 January until 31
December of year N). It should be understood that the LPIS has to be
updated before the start of the application process for claim year N+1,
meaning that this change in the LPIS has to be reflected in the preestablished form sent to the beneficiary for the purpose of the claim year
N+1.
A2
Yes, if the overdeclaration in 2018 is between 3% (or 2
BPS/SAPS
hectares) and 10% of the determined area he gets the
Overdeclaration for BPS/SAPS in 2015, compliance in 2016 yellow card in 2018. The yellow card provision starts as
and in 2017. In 2018 again overdeclaration for BPS/SAPS. from 2016, therefore he is considered as a first offender.
Does he gets a yellow card in 2018?
For future years the normal penalty for the BPS/SAPS
applies.
A3
BPS/SAPS
2016 compliance. In 2017 overdeclaration by more than
10% of the area determined.
To clarify the starting point
YES in 2019 for BPS/SAPS, only if controlled on-the-spot in
2018 and if the over-declaration in 2018 did not lead to an
update of LPIS in the year of the finding.
No yellow card in 2017 and normal penalty applies. For
future years he can never get a yellow card for BPS/SAPS
NO
(as he will have already received an administrative penalty
from 2016) and the normal penalty applies.
Examples of the yellow card
Purpose of the example
Description of the situation
B1
To clarify the elaboration for the
years following the yellow card
B2
To clarify the starting point
B3
Yellow card: YES/NO?
A beneficiary gets a yellow card in 2016, meaning that the
BPS/SAPS
penalty will be reduced by 50% in 2016. No penalty in
Overdeclaration for BPS/SAPS in 2016 is between 3% (or 2
2017. He will never have to pay back the 50% of penalty
hectares) and 10%, compliance in 2017.
not applied in 2016. For future years the normal penalty
applies.
BPS/SAPS
A beneficiary gets a yellow card in 2016, meaning that the
Overdeclaration for BPS/SAPS in 2016 is between 3% (or 2 penalty will be reduced by 50% in 2016. In 2017 the
hectares) and 10%. In 2017 again over-declaration/nonnormal penalty will apply plus he must pay back the 50%
compliance leading to an administrative penalty (i.e. > 3% of penalty not applied in 2016. As from 2018 the normal
or 2ha).
penalty applies.
BPS/SAPS
Overdeclaration for BPS/SAPS in 2016 is between 3% (or 2
hectares) and 10%. In 2017 compliance and in 2018 again
over-declaration/non-compliance leading to an
administrative penalty (i.e. > 3% or 2ha).
A beneficiary gets a yellow card in 2016, meaning that the
penalty will be reduced by 50% in 2016. No reduction and
no penalty in 2017. He will never have to pay back the 50%
of penalty not applied in 2016. In 2018 the normal penalty
will apply.
Follow-up checks (Article 33a of Implementing
Regulation (EU) No 809/2014): YES/NO?
YES in 2017 for BPS/SAPS, only if controlled on-the-spot in
2016 and if the over-declaration did not lead to an update
of LPIS in the year of the finding.
NO follow-up check in the subsequent year.
YES in 2017 for BPS/SAPS, only if controlled on-the-spot in
2016 and if the over-declaration did not lead to an update
of LPIS in the year of the finding.
NO follow-up check in the subsequent year.
YES in 2017 for BPS/SAPS, only if controlled on-the-spot in
2016 and if the over-declaration did not lead to an update
of LPIS in the year of the finding.
NO follow-up check in the subsequent years.
Examples of the yellow card
Purpose of the example
Description of the situation
Yellow card: YES/NO?
C1
BPS/SAPS/YFS
A beneficiary gets a yellow card in 2016 for BPS/SAPS. The
overdeclaration does not affect his Young Farmers
payment as the determined area exceeds the maximum
limit for the Young Farmers Scheme.
C2
BPS/SAPS/YFS
A beneficiary makes an overdeclaration greater than 10% For BPS/SAPS no yellow card in 2016. For future years he
of the determined area for BPS/SAPS in 2016. In respect of can never get a yellow card for BPS/SAPS anymore. For
the YFS the overdeclaration stays between 3% (or 2
the YFS he gets a yellow card in 2016.
hectares) and 10% of the area determined.
To clarify the starting point
Follow-up checks (Article 33a of Implementing
Regulation (EU) No 809/2014): YES/NO?
Yellow card for BPS/SAPS only. For this scheme the normal
YES in 2017 for BPS/SAPS, only if controlled on-the-spot in
penalty applies in future years. No yellow card is used for
2016 and if the over-declaration did not lead to an update
the YFS in 2016. For future years he could still get a yellow
of LPIS in the year of the finding.
card in respect of the YFS.
YES in 2017 for YFS, only if controlled on-the-spot in 2016
and if the over-declaration did not lead to an update of
LPIS in the year of the finding.
C3
BPS/SAPS/ANC
Over declaration for BPS/SAPS and over-declaration for
ANC in 2017.
If the overdeclaration is between 3% (or 2 hectares) and
10% of the determined area he gets a yellow card in 2017
for each of these two schemes. In case of non-compliance
again in 2018 for each of these two schemes, the normal YES in 2018 for BPS/SAPS and ANC, only if controlled onpenalty for the BPS/SAPS and the ANC applies plus he
the-spot in 2017 and if the over-declaration did not lead to
must pay back the 50% penalty not applied in 2017 for
an update of LPIS before payment for claim year 2018.
each of these two schemes. In future years, he will never
get a yellow card again for the BPS/SAPS and ANC and
normal penalties will apply.
C4
RD support measure for ANC containing several crop
groups
In 2016 a beneficiary makes an overdeclaration in crop
group A between 3% (or 2 hectares) and 10% while at the
same time he also makes an overdeclaration for crop
group B beyond 10% of the determined area. Does he gets
a yellow card?
As the yellow card is to be applied at the scheme level,
although calculated at the level of the crop group, no
yellow card in 2016. For future years he can never get a
NO
yellow card for ANC RD support measure (as he will have
already received an administrative penalty from 2016) and
normal penalty applies.
C5
RD support measure for ANC containing several crop
groups
In 2016 a beneficiary makes an overdeclaration in crop
group A between 3% (or 2 hectares) and 10% and at the
same time he also makes an overdeclaration for crop
group B between 3% (or 2 hectares) and 10% of the
determined area. Does he gets a yellow card?
Yellow card for ANC in 2016. No need to combine the
calculation of the two crop groups as the calculation is to
be done at the level of the crop group. For future years
the normal penalty applies.
C6
RD support measure for ANC containing several crop
groups
In 2016 a beneficiary makes an overdeclaration only in a
crop group A between 3% (or 2 hectares) and 10% of the
area determined. In 2017 he makes an overdeclaration
again but for a crop group B leading to an administrative
penalty.
Yellow card for ANC in 2016. In 2017 he must pay back
the 50% of penalty not applied in 2016, as the yellow card YES in 2017 for ANC, only if controlled on-the-spot in 2016
is to be applied at the scheme level, although calculated at and if the over-declaration did not lead to an update of
the level of the crop group, on top of the normal penalty LPIS in the year of the finding.
for 2017. For future years the normal penalty applies.
To clarify the application per
scheme
YES in 2017 for ANC, only if controlled on-the-spot in 2016
and if the over-declaration did not lead to an update of
LPIS in the year of the finding.
Examples of the yellow card
Purpose of the example
Description of the situation
Yellow card: YES/NO?
Follow-up checks (Article 33a of Implementing
Regulation (EU) No 809/2014): YES/NO?
D1
The payments for 2015 and 2014 must be re-calculated
taking into account the new information and the most
favourable penalty of Article 19 or Article 19a applies → if
this overdeclaration also in respect of 2014 lays between
3% (or 2hectares) and 10% of the area determined he gets
BPS/SAPS
a yellow card for 2014. In respect of 2015 he must pay
The overdeclaration for BPS/SAPS between 3% (or 2
back the 50% of penalty not applied for 2014 on top of the
NO
hectares) and 10% revealed in 2016 concerns also
normal penalty for 2015. In 2016 normal penalty applies
BPS/SAPS claim year 2015 and SPS/SAPS claim year 2014. (it is equivalent in practice to 3 years in a row with the
normal penalty). If this overdeclaration in 2014 is greater
than 10% of the area determined he doesn't get a yellow
card in respect of 2014. For future years he can never get
a yellow card for BPS/SAPS anymore. In both 2015 and
2016 the normal penalty applies.
D2
The payments for 2016 and 2017 must be re-calculated
taking into account the new information. If this
overdeclaration also for 2016 lays between 3% (or 2
hectares) and 10% of the area determined he gets a
yellow card in respect of 2016. In respect of 2017 he must
BPS/SAPS
pay back the 50% of penalty not applied for 2016 on top of
The overdeclaration between 3% (or 2 hectares) and 10%
the normal penalty for 2017. In 2018 the normal penalty NO
of the area determined for BPS/SAPS revealed in 2018
applies (it is equivalent in practice to 3 years in a row with
concerns also BPS/SAPS claim year 2017 and 2016.
the normal penalty). If this overdeclaration for 2016 is
greater than 10% of the area determined he doesn't get a
yellow card in respect of 2016. For future years he can
never get a yellow card for BPS/SAPS anymore. In both
2017 and 2018 the normal penalty applies.
To clarify the starting point
Link with retroactive recoveries
Examples of the yellow card
Purpose of the example
Description of the situation
E1
Cases of penalties different from
over-declaration of areas and the
impact
thestarting
yellow point
card
To
clarifyonthe
E2
ANC
In 2016 an overdeclaration between 3% (or 2 hectares)
and 10% of the determined area for ANC is detected and
in 2017 a non-compliance is found which triggers a penalty
under Article 35 of Regulation 640/2014 (e.g. criteria on
livestock density or main activity of the beneficiary not
respected) but not a penalty under Article 19a.
ANC
In 2016 a non-compliance with regards to an ANC
eligibility criteria is detected, which triggers a penalty
under Article 35 of Regulation 640/2014 (e.g. criteria on
livestock density or main activity of the beneficiary not
respected) but not a penalty under Article 19a. In 2017 an
overdeclaration between 3% (or 2 hectares) and 10% of
the determined area for ANC is detected.
Electronically signed on 27/10/2016 13:16 (UTC+02) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563
Yellow card: YES/NO?
Follow-up checks (Article 33a of Implementing
Regulation (EU) No 809/2014): YES/NO?
Yellow card for ANC in 2016, as the over-declaration is
between 3% (or 2 hectares) and 10% of the determined
area. For future years he can never get a yellow card for
ANC RD support measure and normal penalty applies. The
50% reduction of the yellow card does not have to be paid
back as the administrative penalty in 2017 is not an
administrative penalty as referred to in Article 19a.
YES in 2017 for ANC, only if controlled on-the-spot in 2016
and if the over-declaration did not lead to an update of
LPIS in the year of the finding.
NO follow-up check in the subsequent year.
No yellow card in 2016 (the penalty applies under Article
35, not under Article 19a). In 2017, the beneficiary
YES in 2018 for ANC, only if controlled on-the-spot in 2017
receives a yellow card for ANC as the over-declaration is
and if the over-declaration did not lead to an update of
between 3% (or 2 hectares) and 10% of the determined:
LPIS in the year of the finding.
he is considered as a first-time offender under Article 19a
in 2017.