Article 62U.K.[F1Powers as regards checks]
1.In order to ensure that the checks are carried out correctly and efficiently and that the eligibility conditions are verified in an efficient, coherent and non-discriminatory manner [F2, the Secretary of State may make regulations setting out], where the proper management of the system so requires, additional requirements with respect to customs procedures, and in particular to those laid down in Regulation (EC) No 952/2013 of the European Parliament and of the Council(1).
2.The [F3appropriate authority may make regulations], laying down rules necessary for the uniform application of this Chapter, and in particular:
(a)rules on administrative and on-the-spot checks to be conducted by the [F4relevant authority] with regard to the respect of obligations, commitments and eligibility criteria F5...;
(b)rules on the minimum level of on-the-spot checks and [F6on the obligation to increase it or] the possibility of reducing it as set out in Article 59(5);
(c)the rules and methods applicable to the reporting of the checks and verifications carried out and their results;
[F7(d)the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks are to apply;]
[F7(d)the authorities responsible for performing compliance checks and the content and frequency of those checks;]
F8(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)with regard to wine as referred to in Regulation (EU) No 1308/2013, rules on the measurement of areas, on checks and on rules governing the specific financial procedures for the improvement of checks;
(h)the cases in which aid applications and payments claims or any other communications, claims or requests may be corrected and adjusted after their submission, as referred to in Article 59(6);
(i)the tests and methods to be applied in order to establish the eligibility of products for public intervention and private storage, as well as the use of tendering procedures, both for public intervention and for private storage.
F9...
[F103.Point (i) of paragraph 2 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]
[F114.Point (i) of paragraph 2 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.]
Textual Amendments
F1Art. 62 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 62(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 10; 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 62(2) substituted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 62(2)(a) substituted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(ii)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 62(2)(a) omitted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(ii)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 62(2)(b) omitted (S.) (1.1.2021) by virtue of The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 3(3)
F7Art. 62(2)(d) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(4)(b)(iii)
F8Art. 62(2)(e)(f) omitted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 62(2) omitted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(iv) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 62(3) inserted (E.) (28.2.2023 at 9.10 a.m.) by The Market Measures Payment Schemes (Amendments, Revocation and Transitional Provision) (England) Regulations 2023 (S.I. 2023/124), regs. 1(2)(b), 3(6) (with reg. 10)
F11Art. 62(4) inserted (S.) (1.7.2023) by The Public Intervention and Private Storage Aid (Amendment and Suspension) (Scotland) Regulations 2023 (S.S.I. 2023/150), regs. 1, 2(6) (with reg. 10)
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).