Article 5
1
For the purpose of the checks provided for in Article 2 of Regulation (EEC) No 1496/89, the Member States shall carry out on-the-spot sampling checks on the execution of the normal operations relating to harvest of the hemp seed. Such checks shall be made on at least 5 % of the aid applications, having regard to the geographical distribution of the areas concerned. Their purpose shall in particular be to verify that the hemp has been pulled or cut only after the complete formation of the seed.
Where significant irregularities arise relating to 6 % on more of the checks carried out, the Member States shall notify the Commission thereof forthwith and shall state what measures have been adopted.
Member States may require growers to submit any documents considered necessary.
2
If a check as provided for in paragraph 1 shows that the area in respect of which the aid is applied for is :
a
less than that ascertained during the check, the area ascertained shall be used ;
b
greater than that ascertained during the check, without prejudice to any penalties provided for under national law and the provisions of point (c), the area used shall be the ascertained area minus the difference between the area in respect of which the aid is applied for and that ascertained, except where the difference is considered justified by the Member State concerned; in the latter case the area ascertained shall be used ;
c
greater than that ascertained during the check and if, for the person making the declaration in question, areas indicated in the declarations or applications have been reduced during the same marketing year or the preceding one in accordance with Article 7 or 8 of Regulation (EEC) No 1164/89 or with point (b) of this paragraph, except where the difference is considered justified by the Member State concerned, the aid application shall be rejected.
Member States shall notify the Commission of the measures taken in compliance with this paragraph.