Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance

Changes over time for: Article 42

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Changes to legislation:

There are outstanding changes not yet made to Commission Implementing Regulation (EU) No 809/2014. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Article 42:

Regulation applied with mods. by S.R. 2021/181 reg. 2
Art. 42(1) word substituted by S.I. 2021/400 reg. 4(18)(b)
Art. 42(1) words omitted by S.I. 2022/765 reg. 11(8)
Art. 42(1) words omitted by S.I. 2021/400 reg. 4(18)(a)
Art. 42(1) words substituted by S.I. 2019/765 reg. 5(39)(a)(i) (This amendment not applied to legislation.gov.uk. Reg. 5(39) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(28))
Art. 42(1) words substituted by S.I. 2019/765 reg. 5(39)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 5(39) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(28))
Art. 42(1) words substituted by S.I. 2019/765 reg. 5(39)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(39) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(28))

Changes and effects yet to be applied to the whole legislation item and associated provisions

Title 5 revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 1
Art. 1(m) words substituted by S.I. 2019/765 reg. 5(2)(a)(iv) (This amendment not applied to legislation.gov.uk. Reg. 5(2)(a)(iv) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(3)(c))
Art. 1(r)(s) revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 2
Art. 6(2)(c) words substituted by S.I. 2021/400 reg. 4(3)
Art. 6(2)(f)(iii)(iv) omitted by S.I. 2019/765 reg. 5(6)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(6) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(8))
art. 6(3)(b) omitted by S.R. 2021/40 reg. 6(2)(a)
Art. 6(3)(c) omitted by S.I. 2019/765 reg. 5(6)(c) (This amendment not applied to legislation.gov.uk. Reg. 5(6) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(8))
Art. 6(5) inserted by S.I. 2021/407 reg. 5(2)(c)
Art. 14(1)(f) omitted by S.I. 2022/765 reg. 11(2)
art. 14(1)(h) omitted by S.R. 2021/40 reg. 6(3)
Art. 14(1a) inserted for specified purposes by S.I. 2022/1225 reg. 8(1)reg. 8(2)(b)
Art. 17(7)(c) words substituted by S.I. 2019/765 reg. 5(16)(c)(i) (This amendment not applied to legislation.gov.uk. Reg. 5(16)(b)-(d) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(13))
Art. 21(1)(d) words substituted by S.I. 2019/765 reg. 5(19)(a) (This amendment not applied to legislation.gov.uk. Reg. 5(19)(a)(b) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(18)(i))
Art. 24(1)(c) revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 2
Art. 29(1)(a) word omitted by S.I. 2023/1430 Sch. 4 para. 7(6)(b)
Art. 29(1)(a) words omitted by S.I. 2023/1430 Sch. 4 para. 7(6)(a)
Art. 29(1)(a) words omitted by S.I. 2023/1430 Sch. 4 para. 7(6)(c)
Art. 29(1)(f) omitted by S.I. 2019/765 reg. 5(26)(a) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
Art. 29(1)(g) omitted by S.I. 2019/765 reg. 5(26)(a) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
Art. 30(f) omitted by S.I. 2019/765 reg. 5(27)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
Art. 30(h) omitted by S.I. 2019/765 reg. 5(27)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
Art. 31(b)(ii) words omitted by S.I. 2019/765 reg. 5(28)(a)(i) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
Art. 31(1)(c) words omitted by S.I. 2019/765 reg. 5(28)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
Art. 31(1)(d) words omitted by S.I. 2019/765 reg. 5(28)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
Art. 32a inserted by S.I. 2021/400 reg. 4(10)
Art. 34(5)(c) words substituted by S.I. 2019/765 reg. 5(30)(c) (This amendment not applied to legislation.gov.uk. Reg. 5(30)-(32) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(24))
Art. 34(5)(d) word inserted by S.I. 2021/400 reg. 4(11)(c)(ii)
Art. 37(3)(c) words substituted by S.I. 2019/765 reg. 5(32)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 5(30)-(32) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(24))
Art. 40a(2)(b) words substituted by S.I. 2019/765 reg. 5(36) (This amendment not applied to legislation.gov.uk. Reg. 5(34)-(36) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(26))
Art. 41(1)(h) words revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 2
Art. 48(2)(e) sum substituted by S.I. 2021/400 reg. 4(22)(a)(ii)(aa)
Art. 48(2)(e) words omitted by S.I. 2021/400 reg. 4(22)(a)(ii)(bb)
Art. 48(5)(a) omitted by S.I. 2021/400 reg. 4(22)(b)(ii)
Art. 64(a) word omitted by S.I. 2019/765 reg. 5(51) (This amendment not applied to legislation.gov.uk. Reg. 5(51) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(31))

[F1Article 42U.K.On-the-spot checks

1.On-the-spot checks shall verify that all eligibility criteria, commitments and other obligations are fulfilled and cover all animals for which [F2aid applications or] payment claims have been submitted under the [F3animal aid schemes or] animal-related support measures to be checked.

Where the [F4relevant authority] has determined a period in accordance with Article 21(1)(d) [F5at least 50% of] the minimum rate of on-the-spot checks provided for in Article 32 [F6or Article 33] [F7shall] [F7may] be spread throughout that period for the [F8respective animal aid scheme or] animal-related support measure. [F9However, where the retention period starts before [F10an aid application or] [F10a] payment claim has been submitted or where it cannot be fixed in advance, [F11the relevant authority] may decide that the on-the-spot checks provided for in Article 32 [F12or 33] [F7shall] [F7may] be spread over the period in which an animal may qualify for the payment or support.]

Where the [F13relevant authority] makes use of the possibility provided for in Article 21(3), the potentially eligible animals as defined in point (17) of the second subparagraph of Article 2(1) of Delegated Regulation (EU) No 640/2014 shall also be checked.

On-the-spot checks shall include in particular a check that the number of animals present on the holding for which [F14aid applications and/or] payment claims have been submitted and, where applicable, the number of potentially eligible animals corresponds to the number of animals entered in the registers and to the number of animals notified to the computerised database for animals.

2.On-the-spot checks shall also include checks:

(a)

of the correctness and coherence of entries in the register and the notifications to the computerised database for animals on the basis of a sample of supporting documents such as purchase and sales invoices, slaughter certificates, veterinary certificates and, where applicable, animal passports or movement documents, in relation to animals for which aid applications or payment claims were submitted in the six months prior to the on-the-spot check; however if anomalies are found, the check shall be extended to 12 months prior to the on-the-spot check;

(b)

that bovine or ovine/caprine animals are identified by ear tags or other means of identification, accompanied, where applicable, by animal passports or movement documents and that they are recorded in the register and have been duly notified to the computerised database for animals.

The checks referred to in point (b) of the first subparagraph may be made on the basis of a random sample. When this sample check reveals any non-compliance, all animals shall be checked, or conclusions from the sample shall be extrapolated.]

Textual Amendments

F1Art. 42 omitted (E.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 7(15)

F2Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(i)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(i)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 42(1) 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), 14(38)(a); and words in Art. 42(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(ii)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)