Article 99 of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council provides that where a Cross Compliance breach is deemed to be minor in nature and remedial action is taken, no monetary sanction will apply.
The "Yellow Card" provision in relation to land eligibility checks is prescribed in Article 19a of Commission Delegated Regulation (EU) No. 640/2014 and applies to those cases where a determined over-declaration in area is greater than 3% or 2 hectares, but does not exceed 10%. For such cases the penalty will be further reduced by 50%, subject to specific additional criteria. This provision applies to the applications under the Basic Payment Scheme, the Young Farmers Scheme and the Areas of Natural Constraints Scheme only.
My Department applies both of these provisions.