Commission Regulation (EC) No 1122/2009 (repealed)Show full title

[F1 Article 31a U.K. Combined on-the-spot checks

1. By way of derogation from Article 31 and under the conditions set out in this Article, Member States may, as regards the single payment scheme and the single area payment scheme as referred to in Title III and Title V, Chapter 2 of Regulation (EC) No 73/2009, decide to replace the checks of the control sample to be established based on a risk analysis referred to in first subparagraph of Article 31(1) of this Regulation by checks based on the ortho images used for the update of the identification system for agricultural parcels referred to in Article 6.

The decision referred to in the first subparagraph may be taken at national level or regional level. A region shall be comprised of the whole area covered by one or more autonomous identification systems for agricultural parcels.

Member States shall systematically update the identification system for agricultural parcels and check all farmers in the entire area covered by it within a period of maximum three years, covering per year at least 25 % of the eligible hectares recorded in the identification system for agricultural parcels. However, a Member State with less than 150 000 eligible hectares recorded in the identification system for agricultural parcels may derogate from the requirement of a minimum coverage per year.

Before applying this Article, Member States shall have made a complete update of the identification system for agricultural parcels concerned within the previous three years.

The ortho images used for the update shall not be older than 15 months at the date of their use for the purpose of the update of the identification system for agricultural parcels as referred to in the first subparagraph.

2. The quality of the identification system for agricultural parcels as assessed in accordance with Article 6(2) during the two years preceding the application of this Article, shall be sufficient to ensure effective verification of the conditions under which aids are granted.

3. The rate of errors found in the random sample checked on-the-spot shall not exceed 2 % in the two years preceding the application of this Article. Moreover, the rate of errors shall not exceed 2 % during two consecutive years when applying this Article.

The rate of errors shall be certified by the Member State in accordance with the methodology drawn up at Union level.

4. Article 35(1) shall apply to the checks carried out in accordance with paragraphs 1, 2, and 3.]

Textual Amendments

F1 Inserted by Commission Implementing Regulation (EU) No 1368/2011 of 21 December 2011 amending Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof, and Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector.