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Commission Regulation (EC) No 1580/2007 (repealed)Show full title
Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (repealed)
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Article 109On-the-spot checks on measures of operational programmes
1.Through the on-the-spot checks concerning the measures of operational programmes, Member States shall verify in particular the following:
(a)the implementation of the actions contained in the operational programme;
(b)that the implementation or intended implementation of the action is consistent with the use described in the operational programme as approved;
(c)for an adequate number of expenditure items, that the nature and timing of the relevant expenditure comply with Community provisions and correspond to the approved specifications;
(d)that the expenditure incurred can be supported by accounting or other documents; and
(e)the value of marketed production.
2.The value of marketed production shall be verified on the basis of data of the accounting system required under national law.
To that end, the Member States may decide that the declaration of the value of marketed production shall be certified in the same way as the accounting data required under national law.
The check on the declaration of the value of marketed production may be carried out before the relevant application for aid is transmitted.
3.Except in exceptional circumstances, the on-the-spot check shall include a visit to the action or, if the action is intangible, to the action promoter. In particular actions on individual holdings covered by the sample referred to in Article 108(2) shall be subject of at least one visit to verify their execution.
However, Member States may decide not to carry out such visits for smaller operations, or where they consider that the risk is low that the conditions for receiving aid are not fulfilled, or that the reality of the operation has not been respected. That decision and its justification shall be recorded.
4.The on-the-spot check shall cover all the commitments and obligations of the producer organisation or its members which can be checked at the time of the visit.
5.Only checks meeting all the requirements of this Article may be counted towards the fulfilment of the checking rate set out in Article 108(2).
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