Amendments or withdrawals of aid applications
Article 7
1. Aid applications may be amended or totally or partially withdrawn by the beneficiary under the following conditions: (a) for interventions subject to the area monitoring system, at any time prior to a deadline to be set by the Member State, which shall be no later than 15 calendar days before the date when the payment of first instalment or the advances to be made in accordance with Article 44 of Regulation (EU) 2021/2116. However, amendments or withdrawals shall not be allowed in respect to non-compliances related to non-monitorable eligibility conditions revealed by means other than the area monitoring system or administrative checks or once the beneficiary has been informed of the Member State’s intention to carry out an on-the-spot-check; (b) for animal-based interventions under Article 34 of Regulation (EU) 2021/2115 concerning bovine animals or sheep and goats, at any time prior to a deadline to be set by the Member State, which shall be no later than 15 calendar days before the date when the payment of first instalment or the advances to be made in accordance with Article 44 of Regulation (EU) 2021/2116. However, in respect to the eligibility condition to identify and register the animals, amendments or withdrawals shall be allowed only prior to the date fixed by the Member State in accordance with Article 34(2), second sentence, of Regulation (EU) 2021/2115 and in case the deadline referred to in the first sentence of this point has not passed. In addition, amendments or withdrawals shall not be allowed once the beneficiary has been informed of the Member State’s intention to carry out an on-the-spot check or the beneficiary becomes aware of a non-compliance as a result of an unannounced on-the-spot check. Nevertheless, amendments or withdrawals shall be authorised in respect to the part not affected by the non-compliance detected by the on-the-spot check; (c) for other interventions, at any time prior to a deadline to be set by the Member State, which shall be no later than 15 calendar days before the date when the payment of first instalment or the advances to be made in accordance with Article 44 of Regulation (EU) 2021/2116. However, amendments or withdrawals shall not be allowed once the beneficiary has been informed of the Member State’s intention to carry out an on-the-spot check or the beneficiary becomes aware of a non-compliance as a result of an unannounced on-the-spot check. Nevertheless, amendments or withdrawals shall be authorised in respect to the part not affected by the non-compliance detected by the on-the-spot check. 2. In case of non-compliances with eligibility conditions detected by the administrative checks or the area monitoring system, Member States shall inform the beneficiaries allowing for the possibility to amend or withdraw the aid application in respect to the part affected by the non-compliance in accordance with paragraph 1, points (a), (b) and (c). However, for animal-based interventions under Article 34 of Regulation (EU) 2021/2115 concerning bovine animals or sheep and goats, in case of non-compliances in respect to the eligibility condition to identify and register the animals, amendments or withdrawals shall be allowed only prior to the date fixed by the Member State for these requirements to be met as referred to in paragraph 2 of that Article. In order to facilitate the process for the beneficiary, Member States may proceed to the necessary corrections of the aid application in respect to the part affected by the non-compliance. However, in this case, Member States shall ensure that the beneficiary is aware of the changes introduced by the Member State and has the possibility to react in case of disagreement. 3. For the animal-based interventions under Article 34 of Regulation (EU) 2021/2115 concerning bovine animals or sheep and goats, Member States may provide that the notifications to the computer database, referred to in Article 5(5) of this Regulation, of an animal that has left the holding may substitute a withdrawal of the animal in writing. 4. For Member States applying an automatic claim system referred to in Article 65(4), point (f), of Regulation (EU) 2021/2116 for animal-based interventions, beneficiaries may only withdraw their claim in respect of all animals relevant for the intervention that are registered in the computer database. 5. Amendments or withdrawals shall be made with the use of the official communication channels established by the Member State. 6. Member States shall inform the beneficiaries of the latest date to amend or withdraw the aid application. Member States shall ensure equal treatment towards beneficiaries who are subject to an automatic claim system referred to in Article 65(4), point (f), of Regulation (EU) 2021/2116.