TITLE IIIU.K.CHECKS

CHAPTER IIIU.K.On-the-spot checks within the integrated system

Section 1U.K.Common provisions

[F1Article 30E+N.I.Control rate for area-related aid schemes other than the payment for agricultural practices beneficial for the climate and environment

[F2For area-related aid schemes other than the payment for agricultural practices beneficial for the climate and the environment in accordance with Chapter 3 of Title III of Regulation (EU) No 1307/2013 (hereinafter referred to as ‘the greening payment’), the control sample for on-the-spot checks carried out each year shall cover at least:

(a)

5 % of all beneficiaries applying for the basic payment scheme F3... in accordance with Chapter 1 of Title III of Regulation (EU) No 1307/2013. [F4The relevant authority] shall ensure that the control sample contains at least 5 % of all beneficiaries declaring mainly agricultural areas which are areas naturally kept in a state suitable for grazing in accordance with Article 10(1) of Delegated Regulation (EU) No 639/2014;

(b)

5 % of all beneficiaries applying for the redistributive payment in accordance with Chapter 2 of Title III of Regulation (EU) No 1307/2013;

(c)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

5 % of all beneficiaries applying for the payment for young farmers in accordance with Chapter 5 of Title III of Regulation (EU) No 1307/2013;

(e)

5 % of all beneficiaries applying for area-related payments under voluntary coupled support in accordance with Chapter 1 of Title IV of Regulation (EU) No 1307/2013;

(f)

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

30 % of the areas declared for the production of hemp in accordance with Article 32(6) of Regulation (EU) No 1307/2013;

(h)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Extent Information

E1This version of this provision extends to England and Northern Ireland only; separate versions have been created for Scotland and Wales

Textual Amendments

F1Art. 30 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(27) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(22)); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 30(a) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(a)(i)

F4Words in Art. 30(a) 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(28)(a)(ii)

F5Art. 30(c) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(b)

F6Art. 30(f) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(c)

F7Art. 30(h) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(c)

No commentary item could be found for this reference M_E_1j449bkk-x2xe-vox6-878f-671100948292b[F80[F81Article 30WControl rate for area-related aid schemes F79...

For area-related aid schemes the control sample for on-the-spot checks carried out each year shall cover at least:

(a)3% of all beneficiaries applying for the basic payment scheme in accordance with Title III of Regulation (EU) No. 1307/2013 (which includes the redistributive payment, and the payment for young farmers); and

(b)5% of all beneficiaries applying for area-related payments under voluntary coupled support in accordance with Chapter 1 of Title IV of Regulation (EU) No 1307/2013.]]

Textual Amendments

F80Art. 30 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(27) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(22)); 2020 c. 1, Sch. 5 para. 1(1)

[F82Article 30SControl rate for area-related aid schemes other than the payment for agricultural practices beneficial for the climate and environment

For area-related aid schemes other than the payment for agricultural practices beneficial for the climate and the environment in accordance with Chapter 3 of Title III of Regulation (EU) No 1307/2013 (hereinafter referred to as ‘the greening payment’), the control sample for on-the-spot checks carried out each year shall cover at least:

(a)

[F833%] of all beneficiaries applying for the basic payment scheme F84... in accordance with Chapter 1 of Title III of Regulation (EU) No 1307/2013. F85...;

(b)

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

[F883%] of all beneficiaries applying for the payment for young farmers in accordance with Chapter 5 of Title III of Regulation (EU) No 1307/2013;

(e)

5 % of all beneficiaries applying for area-related payments under voluntary coupled support in accordance with Chapter 1 of Title IV of Regulation (EU) No 1307/2013;

(f)

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

30 % of the areas declared for the production of hemp in accordance with Article 32(6) of Regulation (EU) No 1307/2013;

(h)

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E8This version of this provision extends to Scotland only; separate versions have been created for England and Northern Ireland and Wales

Textual Amendments

F82Art. 30 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(27) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(22)); 2020 c. 1, Sch. 5 para. 1(1)

F84Words in Art. 30(a) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(a)(i)

F87Art. 30(c) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(b)

F89Art. 30(f) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(c)

F90Art. 30(h) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(28)(c)

[F8Article 30aE+WControl rates for claim year 2020

1.By way of derogation from Article 30, the control samples for on-the-spot checks in respect of claim year 2020 must cover at least:

(a)1% of all beneficiaries applying for the basic payment scheme;

(b)3% of all beneficiaries applying for the payment for young farmers;

(c)10% of all the areas declared for the production of hemp.

2.In applying the control rate set out in point (a) of paragraph 1, priority must be given to areas other than those of permanent grassland and/or permanent crops.]

Extent Information

E2This version of this provision applies to England only; a separate version has been created for Northern Ireland only and a separate version has been created for Scotland only

Textual Amendments

[F91Article 30aN.I. Control rates for claim year 2020

1.By way of derogation from Article 30, the control samples for on-the-spot checks in respect of claim year 2020 must cover at least:

(a)1% of all beneficiaries applying for the basic payment scheme;

(b)3% of all beneficiaries applying for the payment for young farmers.]

Extent Information

E9This version of this provision extends to Northern Ireland only; a separate version has been created that applies to England only and a separate version has been created for Scotland only

Textual Amendments

[F92Article 30aSControl rates for area-related schemes in claim year 2020

1.By way of derogation from Article 30, the control samples for the on-the-spot checks in respect of claim year 2020 must cover at least:

(a)3% of all beneficiaries applying for the basic payment scheme in accordance with Chapter 1 of Title III of Regulation (EU) No 1307/2013;

(b)3% of all beneficiaries applying for the payment for young farmers in accordance with Chapter 5 of Title III of Regulation (EU) No 1307/2013;

(c)3% of all beneficiaries of area-related payments under voluntary coupled support in accordance with Chapter 1 of Title IV of Regulation (EU) No 1307/2013.

2.When applying the control rates set out in points (a) and (c) of paragraph 1, priority must be given to areas other than those of permanent grassland and/or permanent crops.]

Extent Information

E10This version of this provision extends to Scotland only; a separate version has been created that applies to England only and a separate version has been created for Northern Ireland only

Textual Amendments

[F9Article 31E+W+N.I.Control rate for the greening payment

1.For the greening payment, the control sample for on-the-spot checks carried out each year shall cover at least:

(a)

5 % of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment (hereinafter referred to as ‘the greening practices’), and who are not part of the control populations referred to in points (b) and (c) (hereinafter referred to as ‘the control population for greening’); this sample shall, at the same time, cover at least 5 % of all beneficiaries having areas covered with permanent grasslands which are environmentally sensitive in areas covered by Council Directive 92/43/EEC(1) or Directive 2009/147/EC of the European Parliament and of the Council(2) and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013;

(b)

3 % of:

(i)

either all beneficiaries qualifying for the greening payment who are exempted from both the crop diversification and the ecological focus area obligations by not meeting the thresholds referred to in Articles 44 and 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligations referred to in Article 45 of that Regulation;

(ii)

or, in the years where Article 44 of Delegated Regulation (EU) No 639/2014 does not apply F10..., the beneficiaries qualifying for the greening payment who are exempted from both the crop diversification and the ecological focus area obligations by not meeting the thresholds referred to in Articles 44 and 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligations referred to in Article 45(1) of that Regulation;

(c)

5 % of all beneficiaries required to observe the greening practices and using F11... environmental certification schemes as referred to in Article 43(3)(b) of Regulation (EU) No 1307/2013;

(d)

5 % of all beneficiaries participating in F12... implementation in accordance with Article 46(5) of Regulation (EU) No 1307/2013;

(e)

5 % of the collective implementation in accordance with Article 46(6) of Regulation (EU) No 1307/2013;

(f)

100 % of the contiguous structures of adjacent ecological focus areas as referred to in Article 46(3) of Delegated Regulation (EU) No 639/2014;

(g)

[F13100 % of all parcels on which an obligation to re-convert land into land under permanent grassland according to Article 42 of Delegated Regulation (EU) No 639/2014 applies;]

(h)

20 % of all beneficiaries with an obligation to re-convert land into land under permanent grassland according to Article 44(2) and (3) of Delegated Regulation (EU) No 639/2014.

2.Beneficiaries who observe the greening practices through equivalent practices in accordance with Article 43(3)(a) of Regulation (EU) No 1307/2013 F14... or who comply for the whole holding with the requirements laid down in Article 29(1) of Council Regulation (EC) No 834/2007(3) as regards organic farming shall not be part of the control sample and shall not be counted against the control rates laid down in this Article.

[F153.Where the ecological focus areas are not identified in the identification system for agricultural parcels as referred to in Article 70 of Regulation (EU) No 1306/2013, the control rate laid down in points (a) and (c) to (e) of paragraph 1 shall be supplemented by 5 % of all beneficiaries of the respective control population who are required to have ecological focus area on the agricultural area in accordance with Articles 43 and 46 of Regulation (EU) No 1307/2013.]

However, the first subparagraph shall not apply where the administration and control system ensures that all ecological focus areas declared are identified and, where applicable, recorded in the identification system for agricultural parcels in accordance with Article 5(2)(c) of Delegated Regulation (EU) No 640/2014 before payment.]

Extent Information

E3This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F9 Art. 31 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(28) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(22)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 31 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(15); and Art. 31 omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 9(10) (with reg. 1(2))

F10Words in Art. 31(1)(b)(ii) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(a)(i)

F11Words in Art. 31(1)(c) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(a)(ii)

F12Words in Art. 31(1)(d) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(a)(iii)

F14Words in Art. 31(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(b)

Modifications etc. (not altering text)

[F93Article 31SControl rate for the greening payment

1.For the greening payment, the control sample for on-the-spot checks carried out each year shall cover at least:

(a)

[F943%] of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment (hereinafter referred to as ‘the greening practices’), and who are not part of the control populations referred to in points (b) and (c) (hereinafter referred to as ‘the control population for greening’); this sample shall, at the same time, cover at least [F943%] of all beneficiaries having areas covered with permanent grasslands which are environmentally sensitive in areas covered by Council Directive 92/43/EEC(1) or Directive 2009/147/EC of the European Parliament and of the Council(2) and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013;

(b)

3 % of:

(i)

either all beneficiaries qualifying for the greening payment who are exempted from F95... the ecological focus area obligations by not meeting the thresholds referred to in [F96Article] 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligations referred to in Article 45 of that Regulation;

(ii)

or, in the years where Article 44 of Delegated Regulation (EU) No 639/2014 does not apply F97..., the beneficiaries qualifying for the greening payment who are exempted from F98... the ecological focus area obligations by not meeting the thresholds referred to in [F99Article] 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligations referred to in Article 45(1) of that Regulation;

(c)

5 % of all beneficiaries required to observe the greening practices and using F100... environmental certification schemes as referred to in Article 43(3)(b) of Regulation (EU) No 1307/2013;

(d)

5 % of all beneficiaries participating in F101... implementation in accordance with Article 46(5) of Regulation (EU) No 1307/2013;

(e)

5 % of the collective implementation in accordance with Article 46(6) of Regulation (EU) No 1307/2013;

(f)

100 % of the contiguous structures of adjacent ecological focus areas as referred to in Article 46(3) of Delegated Regulation (EU) No 639/2014;

(g)

[F102100 % of all parcels on which an obligation to re-convert land into land under permanent grassland according to Article 42 of Delegated Regulation (EU) No 639/2014 applies;]

(h)

20 % of all beneficiaries with an obligation to re-convert land into land under permanent grassland according to Article 44(2) and (3) of Delegated Regulation (EU) No 639/2014.

2.Beneficiaries who observe the greening practices through equivalent practices in accordance with Article 43(3)(a) of Regulation (EU) No 1307/2013 F103... or who comply for the whole holding with the requirements laid down in Article 29(1) of Council Regulation (EC) No 834/2007(3) as regards organic farming shall not be part of the control sample and shall not be counted against the control rates laid down in this Article.

[F1043.Where the ecological focus areas are not identified in the identification system for agricultural parcels as referred to in Article 70 of Regulation (EU) No 1306/2013, the control rate laid down in points (a) and (c) to (e) of paragraph 1 shall be supplemented by 5 % of all beneficiaries of the respective control population who are required to have ecological focus area on the agricultural area in accordance with Articles 43 and 46 of Regulation (EU) No 1307/2013.]

However, the first subparagraph shall not apply where the administration and control system ensures that all ecological focus areas declared are identified and, where applicable, recorded in the identification system for agricultural parcels in accordance with Article 5(2)(c) of Delegated Regulation (EU) No 640/2014 before payment.]

Extent Information

E11This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F93Art. 31 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(28) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(22)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 31 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(15)

F97Words in Art. 31(1)(b)(ii) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(a)(i)

F100Words in Art. 31(1)(c) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(a)(ii)

F101Words in Art. 31(1)(d) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(a)(iii)

F103Words in Art. 31(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(29)(b)

[F16Article 31aE+WControl rate for the greening payment in claim year 2020

1.By way of derogation from Article 31, the control sample for on-the-spot checks for the greening payment in respect of claim year 2020 is 3% of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment.

2.The control rate in paragraph 1 must include at least 3% of all beneficiaries having areas covered with permanent grasslands that are environmentally sensitive in areas covered by Council Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council and further sensitive areas referred to in Article 45(1) of EUR 2013/1307.

3.In applying the control rate set out in paragraph 1, priority must be given to areas other than those of permanent grassland and/or permanent crops.]

Extent Information

E4This version of this provision applies to England only; a separate version has been created for Scotland only and a separate version has been created for Northern Ireland only

Textual Amendments

[F105Article 31aN.I.Control rate for the greening payment in claim year 2020

1.By way of derogation from Article 31, the control sample for on-the-spot checks for the greening payment in respect of claim year 2020 is 3% of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment.

2.The control rate in paragraph 1 must include at least 3% of all beneficiaries having areas covered with permanent grasslands that are environmentally sensitive in areas covered by Council Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council and further sensitive areas referred to in Article 45(1) of EUR 2013/1307.]

Extent Information

E12This version of this provision extends to Northern Ireland only; a separate version has been created that applies to England only and a separate version has been created for Scotland only

Textual Amendments

[F106Article 31aSControl rate for the greening payment in claim year 2020

1.By way of derogation from Article 31, the control sample for on-the-spot checks for the greening payment in respect of claim year 2020 is 3% of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment.

2.The control rate in paragraph 1 must include at least 3% of all beneficiaries having areas covered with permanent grasslands that are environmentally sensitive in areas covered by Council Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013.

3.When applying the control rate set out in paragraph 1, priority must be given to areas other than those of permanent grassland and/or permanent crops.]

Extent Information

E13This version of this provision extends to Scotland only; a separate version has been created that applies to England only and a separate version has been created for Northern Ireland only

Textual Amendments

Article 32E+W+N.I.Control rate for rural development measures

1.The control sample for on-the-spot checks carried out each year shall cover at least 5 % of all beneficiaries applying for rural development measures. For the measures provided for in Articles 28 and 29 of Regulation (EU) No 1305/2013, the control rate of 5 % shall be achieved at the level of the individual measure.

That control sample shall also represent at least 5 % of the beneficiaries of Article 28 of Regulation (EU) No 1305/2013 that include equivalent practices as referred to in Article 43(3) of Regulation (EU) No 1307/2013.

2.By way of derogation from paragraph 1, in the case of groups of persons as referred to in Articles 28 and 29 of Regulation (EU) No 1305/2013, each individual member of such groups may be considered as beneficiary for the purpose of calculation of the control rate laid down in paragraph 1.

[F172a.By way of derogation from paragraphs 1 and 2, where a [F18relevant authority] uses the option to introduce the collective claim, the control sample for on-the-spot checks carried out each year shall cover at least:

(a)

5 % of all collectives submitting a collective claim; this sample shall, at the same time, cover at least 5 % of the total area declared in the collective claim in accordance with Article 14a(3); and

(b)

5 % of the commitments notified in accordance with Article 14a(5).]

3.For beneficiaries of multi-annual support granted in accordance with Articles 21(1)(a), 28, 29 and 34 of Regulation (EU) No 1305/2013 or Article 36(a)(iv) and (v), (b)(i), (iii) and (v) of Regulation (EC) No 1698/2005 involving payments exceeding five years, the [F19relevant authority] may decide, after the fifth year of payment, to check at least 2,5 % of those beneficiaries.

The first subparagraph shall apply to support granted under the third subparagraph of Article 28(6) of Regulation (EU) No 1305/2013 after the fifth year of the payment for the relevant commitment.

[F17Where a [F20relevant authority] uses the option to introduce the collective claim, this paragraph shall not apply to collectives.]

4.Beneficiaries checked under paragraph 3 shall not be taken into account for the purpose of paragraph 1.

Extent Information

E5This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F18Words in Art. 32(2a) 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(29)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19Words in Art. 32(3) 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(29)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20Words in Art. 32(3) 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(29)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 32SControl rate for rural development measures

1.The control sample for on-the-spot checks carried out each year shall cover at least [F1073%] of all beneficiaries applying for rural development measures. F108...

F109...

2.By way of derogation from paragraph 1, in the case of groups of persons as referred to in Articles 28 and 29 of Regulation (EU) No 1305/2013, each individual member of such groups may be considered as beneficiary for the purpose of calculation of the control rate laid down in paragraph 1.

[F1102a.By way of derogation from paragraphs 1 and 2, where a [F111relevant authority] uses the option to introduce the collective claim, the control sample for on-the-spot checks carried out each year shall cover at least:

(a)

5 % of all collectives submitting a collective claim; this sample shall, at the same time, cover at least 5 % of the total area declared in the collective claim in accordance with Article 14a(3); and

(b)

5 % of the commitments notified in accordance with Article 14a(5).]

3.For beneficiaries of multi-annual support granted in accordance with Articles 21(1)(a), 28, 29 and 34 of Regulation (EU) No 1305/2013 or Article 36(a)(iv) and (v), (b)(i), (iii) and (v) of Regulation (EC) No 1698/2005 involving payments exceeding five years, the [F112relevant authority] may decide, after the fifth year of payment, to check at least 2,5 % of those beneficiaries.

The first subparagraph shall apply to support granted under the third subparagraph of Article 28(6) of Regulation (EU) No 1305/2013 after the fifth year of the payment for the relevant commitment.

[F110Where a [F113relevant authority] uses the option to introduce the collective claim, this paragraph shall not apply to collectives.]

4.Beneficiaries checked under paragraph 3 shall not be taken into account for the purpose of paragraph 1.

Extent Information

E14This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F111Words in Art. 32(2a) 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(29)(a); 2020 c. 1, Sch. 5 para. 1(1)

F112Words in Art. 32(3) 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(29)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F113Words in Art. 32(3) 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(29)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F21Article 33E+N.I.Control rate for animal aid schemes

1.For animal aid schemes, the control sample for on-the-spot checks carried out each year shall for each of the aid schemes cover at least 5 % of all beneficiaries applying for that respective aid scheme.

However, where the computerised database for animals does not offer the level of assurance and implementation necessary for the proper management of the aid scheme involved the percentage shall be 10 % for the respective aid scheme.

The control sample selected shall cover at least 5 % of all animals for which aid is applied for per aid scheme.

2.Where applicable, the control sample for on-the-spot checks carried out each year shall cover 10 % of other services, bodies or organisations that provide evidence to verify the compliance with the eligibility criteria, commitments and other obligations as referred to in Article 28(2).]

Extent Information

E6This version of this provision extends to England and Northern Ireland only; separate versions have been created for Scotland and Wales

Textual Amendments

F21Art. 33 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(29A) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 8(23)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 33 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(12)

[F114Article 33WControl rate for animal aid schemes

[F115For animal aid schemes, the control sample for on-the-spot checks carried out each year shall for each of the aid schemes cover at least 5% of all beneficiaries applying for that respective aid scheme.]]

Extent Information

E15This version of this provision applies to Wales only; separate versions have been created for England and Northern Ireland and Scotland

Textual Amendments

F114Art. 33 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(29A) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 8(23)); 2020 c. 1, Sch. 5 para. 1(1)

[F116Article 33SControl rate for animal aid schemes

1.For animal aid schemes, the control sample for on-the-spot checks carried out each year shall for each of the aid schemes cover at least [F1173%] of all beneficiaries applying for that respective aid scheme.

F118...

The control sample selected shall cover at least [F1193%] of all animals for which aid is applied for per aid scheme.

2.Where applicable, the control sample for on-the-spot checks carried out each year shall cover 10 % of other services, bodies or organisations that provide evidence to verify the compliance with the eligibility criteria, commitments and other obligations as referred to in Article 28(2).]

Extent Information

E16This version of this provision extends to Scotland only; separate versions have been created for England and Northern Ireland and Wales

Textual Amendments

F116Art. 33 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(29A) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 8(23)); 2020 c. 1, Sch. 5 para. 1(1)

[F22[F23Article 33aU.K. Additional control rate for on-the-spot checks to follow-up the beneficiaries referred to in Article 19a(2) of Delegated Regulation (EU) No 640/2014

1.The beneficiaries who were subject to a reduced administrative penalty in accordance with Article 19a(2) of Delegated Regulation (EU) No 640/2014 for an area-related [F24aid scheme or] support measure following an over-declaration identified in the course of an on-the-spot check shall be subject to a follow-up on-the-spot check for that given [F24aid scheme or] support measure in the following claim year.

[F132.The follow-up on-the-spot check referred to in paragraph 1 shall not be necessary where the over-declaration identified has led to an up-date of the reference parcels concerned in the identification system for agricultural parcels as referred to in Article 5 of Delegated Regulation (EU) No 640/2014 in the year of the finding or where checks by monitoring as referred to in Article 40a of this Regulation are carried out for the [F24aid scheme or] support measure in question in the following claim year and allow the competent authority to conclude whether the administrative penalty set out in Article 19a(3) of Delegated Regulation (EU) No 640/2014 shall be applied.]

[F253.Paragraphs 1 and 2 do not apply in respect of claim year 2020.]]]

Textual Amendments

F24Words in Art. 33a 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(29B) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 8(23)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

[F26Article 34E+N.I.Selection of the control sample

[F131.Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.

2.[F27For the purposes of Articles 30 and 31, the sample selection shall ensure that:

(a)

between 1 % and 1,25 % of the control population referred to in points (a) to (f) and (h) of Article 30 and in [F28points (a) to (e)] of Article 31(1) shall be selected randomly;

(b)

between 0,6 % and 0,75 % of the control population referred to in point (b) of Article 31(1) shall be selected randomly;

(c)

between 4 % and 5 % of the control population referred to in point (h) of Article 31(1) shall be selected randomly;

(d)

the remaining number of beneficiaries in the control sample referred to in points (a) to (e) and (h) of Article 31(1) shall be selected on the basis of a risk analysis.

For the purposes of Article 31, [F29the relevant authority] shall ensure representativeness of the control sample as regards the different practices.

The additional beneficiaries to be subject to on-the-spot checks for the purposes of the first subparagraph of Article 31(3) shall be selected on the basis of a risk analysis.

[F30Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis referred to in point (d) of the second subparagraph.]]

[F313.[F32For the purposes of [F33Article] 32 F34..., between 20 % and 25 % of the minimum number of beneficiaries to be subject to on-the-spot checks and, where Article 32(2a) applies, 100 % of the collectives and between 20 % and 25 % of the commitments to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries and commitments to be subject to on-the-spot checks shall be selected on the basis of a risk analysis. Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis.]

For the purposes of [F33Article] 32 F34..., the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.

For the purposes of Article 32, [F35the relevant authority] may, as a result of the risk analysis, select specific rural development measures which apply to the beneficiaries.]]

[F313.For the purposes of Article 33, between 20% and 25% of the minimum number of beneficiaries to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries to be subject to on-the-spot checks shall be selected on the basis of a risk analysis.

For the purposes of Article 33, the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.]

4.If the number of beneficiaries to be subject to on-the-spot checks exceeds the minimum number of beneficiaries referred to in [F36Articles 30, 31 and 33] [F37Article 32], the percentage of randomly selected beneficiaries in the additional sample shall not exceed 25 %.

[F384a.For the purposes of [F39Articles 30, 31 and 33] [F40Article 32] and point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.

The on-the-spot check regarding the selected beneficiaries may be limited to the [F41aid scheme or] rural development measure they have been selected for if the minimum control rates of the other [F42aid schemes or] support measures they applied for are already respected.]

5.The effectiveness of the risk analysis shall be assessed and updated on an annual basis as follows:

(a)

by establishing the relevance of each risk factor;

(b)

[F13by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;]

(c)

by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the [F43constituent nation] [F44relevant territory];

(d)

by taking into account the nature of the non-compliance that prompt an increase of the control rate in accordance with Article 35.

6.The competent authority shall keep records of the reasons for the selection of each beneficiary for an on-the-spot check. The inspector carrying out the on-the-spot check shall be informed accordingly prior to the commencement of the on-the-spot check.

7.Where appropriate, a partial selection of the control sample may be made on the basis of available information before the final date referred to in Article 13. That provisional sample shall be completed when all relevant [F45aid applications or] payment claims are available.]

Extent Information

E7This version of this provision extends to England and Northern Ireland only; separate versions have been created for Scotland and Wales

Textual Amendments

F27Art. 34(2) 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(30)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F28Words in Art. 34(2)(a) 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(30)(a)(i)

F29Words in Art. 34(2) 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(30)(a)(ii)

F31Art. 34(3) 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(30)(b)

F33Word in Art. 34(3) 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(30)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F34Words in Art. 34(3) 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(30)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F35Words in Art. 34(3) substituted (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(30)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F36Words in Art. 34(4) substituted for the words “Articles 30 to 33” (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(30)(c)

F37Words in Art. 34(4) substituted for the words “Articles 30 to 33” (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(30)(c) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F39Words in Art. 34(4a) substituted for the words “Articles 30 to 33” (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(30)(c)

F40Words in Art. 34(4a) substituted for the words “Articles 30 to 33” (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(30)(d)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F41Words in Art. 34(4a) 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(30)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F42Words in Art. 34(4a) omitted (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(30)(d)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F43Words in Art. 34(5)(c) substituted for the words “Member State” (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(30)(d)

F44Words in Art. 34(5)(c) substituted for the words “Member State” (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(30)(e) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F45Words in Art. 34(7) 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(30)(f) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

Article 34WSelection of the control sample

[F1201.Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.

[F1212.For the purposes of Article 30, the sample selection shall ensure that:

(a)a proportion of the control population is selected randomly;

(b)the remaining number of beneficiaries in the control sample is selected on the basis of a risk analysis.]

[F1223.[F123For the purposes of [F124Article] 32 F125..., between 20 % and 25 % of the minimum number of beneficiaries to be subject to on-the-spot checks and, where Article 32(2a) applies, 100 % of the collectives and between 20 % and 25 % of the commitments to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries and commitments to be subject to on-the-spot checks shall be selected on the basis of a risk analysis. Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis.]

For the purposes of [F124Article] 32 F125..., the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.

For the purposes of Article 32, [F126the relevant authority] may, as a result of the risk analysis, select specific rural development measures which apply to the beneficiaries.]]

4.[F127If the number of beneficiaries to be subject to on-the-spot checks exceeds the minimum number of beneficiaries referred to in [F128Article 32], the percentage of randomly selected beneficiaries in the additional sample shall not exceed 25 %.]

[F1294a.[F130For the purposes of [F131Article 32] and point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.

The on-the-spot check regarding the selected beneficiaries may be limited to the F132... rural development measure they have been selected for if the minimum control rates of the other F133... support measures they applied for are already respected.]]

5.The effectiveness of the risk analysis [F134shall] [F134may] be assessed and updated on an annual basis as follows:

(a)

by establishing the relevance of each risk factor;

(b)

[F120by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;]

(c)

by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the [F135constituent nation][F136relevant territory];

(d)

by taking into account the nature of the non-compliance that [F137may] prompt an increase of the control rate in accordance with Article 35.

6.The competent authority shall keep records of the reasons for the selection of each beneficiary for an on-the-spot check. The inspector carrying out the on-the-spot check shall be informed accordingly prior to the commencement of the on-the-spot check.

7.Where appropriate, a partial selection of the control sample may be made on the basis of available information before the final date referred to in Article 13. That provisional sample shall be completed when all relevant [F138aid applications or] payment claims are available.

Extent Information

E17This version of this provision applies to Wales only; separate versions have been created for England and Northern Ireland and Scotland

Textual Amendments

F121Art. 34(2) 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(30)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1); and Art. 34(2) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(18)(a)

F122Art. 34(3) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(18)(b); and Art. 34(3) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(11)(b)

F124Word in Art. 34(3) 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(30)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F125Words in Art. 34(3) 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(30)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F126Words in Art. 34(3) substituted (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(30)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F127Art. 34(4) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(18)(b); and Art. 34(4) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(11)(b)

F128Words in Art. 34(4) substituted for the words “Articles 30 to 33” (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(30)(c) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F130Art. 34(4a) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(18)(b); and Art. 34(4a) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(11)(b)

F131Words in Art. 34(4a) 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(30)(d)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F132Words in Art. 34(4a) 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(30)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F133Words in Art. 34(4a) omitted (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(30)(d)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F134Word in Art. 34(5) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(18)(c)(i); and word Art. 34(5) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(11)(c)(i)

F135Words in Art. 34(5)(c) 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(30)(d)

F136Words in Art. 34(5)(c) 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(30)(e) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F137Word in Art. 34(5)(d) inserted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(18)(c)(ii); and word Art. 34(5)(d) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(11)(c)(ii)

F138Words in Art. 34(7) 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(30)(f) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

Article 34SSelection of the control sample

[F1391.Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.

[F1402.For the purposes of Articles 30 and 31, the sample selection shall ensure that:

(a)

[F141between 20% and 25% of the minimum number of beneficiaries subject to on-the-spot checks in accordance with] points (a) to (f) and (h) of Article 30 and in [F142points (a) to (e)] of Article 31(1) shall be selected randomly;

(b)

[F143between 20% and 25% of the minimum number of beneficiaries subject to on-the-spot checks in accordance with] point (b) of Article 31(1) shall be selected randomly;

(c)

between 4 % and 5 % of the control population referred to in point (h) of Article 31(1) shall be selected randomly;

(d)

the remaining number of beneficiaries in the control sample referred to in points (a) to (e) and (h) of Article 31(1) shall be selected on the basis of a risk analysis.

For the purposes of Article 31, [F144the relevant authority] shall ensure representativeness of the control sample as regards the different practices.

The additional beneficiaries to be subject to on-the-spot checks for the purposes of the first subparagraph of Article 31(3) shall be selected on the basis of a risk analysis.

[F145Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis referred to in point (d) of the second subparagraph.]]

[F1463.[F147For the purposes of [F148Article] 32 F149..., between 20 % and 25 % of the minimum number of beneficiaries to be subject to on-the-spot checks and, where Article 32(2a) applies, 100 % of the collectives and between 20 % and 25 % of the commitments to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries and commitments to be subject to on-the-spot checks shall be selected on the basis of a risk analysis. Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis.]

For the purposes of [F148Article] 32 F149..., the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.

For the purposes of Article 32, [F150the relevant authority] may, as a result of the risk analysis, select specific rural development measures which apply to the beneficiaries.]]

[F1463.For the purposes of Article 33, between 20% and 25% of the minimum number of beneficiaries to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries to be subject to on-the-spot checks shall be selected on the basis of a risk analysis.

For the purposes of Article 33, the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.]

4.If the number of beneficiaries to be subject to on-the-spot checks exceeds the minimum number of beneficiaries referred to in [F151Articles 30, 31 and 33] [F152Article 32], the percentage of randomly selected beneficiaries in the additional sample shall not exceed 25 %.

[F1534a.For the purposes of [F154Articles 30, 31 and 33] [F155Article 32] and point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.

The on-the-spot check regarding the selected beneficiaries may be limited to the [F156aid scheme or] rural development measure they have been selected for if the minimum control rates of the other [F157aid schemes or] support measures they applied for are already respected.]

5.The effectiveness of the risk analysis shall be assessed and updated on an annual basis as follows:

(a)

by establishing the relevance of each risk factor;

(b)

[F139by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;]

(c)

by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the [F158constituent nation][F159relevant territory];

(d)

F160...

6.The competent authority shall keep records of the reasons for the selection of each beneficiary for an on-the-spot check. The inspector carrying out the on-the-spot check shall be informed accordingly prior to the commencement of the on-the-spot check.

7.Where appropriate, a partial selection of the control sample may be made on the basis of available information before the final date referred to in Article 13. That provisional sample shall be completed when all relevant [F161aid applications or] payment claims are available.

Extent Information

E18This version of this provision extends to Scotland only; separate versions have been created for England and Northern Ireland and Wales

Textual Amendments

F142Words in Art. 34(2)(a) 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(30)(a)(i)

F144Words in Art. 34(2) 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(30)(a)(ii)

F146Art. 34(3) 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(30)(b)

F148Word in Art. 34(3) 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(30)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F149Words in Art. 34(3) 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(30)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F150Words in Art. 34(3) substituted (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(30)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F151Words in Art. 34(4) substituted for the words “Articles 30 to 33” (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(30)(c)

F152Words in Art. 34(4) substituted for the words “Articles 30 to 33” (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(30)(c) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F154Words in Art. 34(4a) substituted for the words “Articles 30 to 33” (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(30)(c)

F155Words in Art. 34(4a) substituted for the words “Articles 30 to 33” (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(30)(d)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F156Words in Art. 34(4a) 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(30)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F157Words in Art. 34(4a) omitted (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(30)(d)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F158Words in Art. 34(5)(c) substituted for the words “Member State” (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(30)(d)

F159Words in Art. 34(5)(c) substituted for the words “Member State” (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(30)(e) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F161Words in Art. 34(7) 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(30)(f) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

[F46Article 35U.K.Increase of the control rate

Where on-the-spot checks reveal any significant non-compliance in the context of a given [F47aid scheme or] support measure or in a region or part of a region, the competent authority shall appropriately increase the percentage of beneficiaries to be checked on-the-spot in the following year.]

Textual Amendments

F46Art. 35 omitted (E.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 9(13); and Art. 35 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, 7(8)

F47Words in Art. 35 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(30A) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

[F48Article 36U.K.Reduction of the control rate

1.The control rates laid down in this Chapter may only be reduced in respect of [F49aid schemes or] support measures set out in this Article.

2.[F50By way of derogation from [F51Article 30(a) [F52and (b)]], [F53the relevant authority] may, as regards the basic payment scheme [F54[F55and] the re-distributive payment] F56..., decide to reduce the minimum level of on-the-spot checks carried out each year per scheme to [F573 %] [F571%].

[F15The first subparagraph shall only apply if a system of spatial intersection of all aid applications with the identification system for agricultural parcels is in place in accordance with Article 17(2) for all beneficiaries.

In respect of claim year 2015 the rate of errors found in the random sample checked on the spot shall not exceed 2 % in the preceding two financial years. That rate of errors shall be certified by the Member State in accordance with the established methodology drawn up at Union level.]

[F17In respect of claim year 2016 the rate of errors found in the random sample checked on the spot shall not exceed 2 % in the preceding financial year. That rate of errors shall be certified by the Member State in accordance with the new methodology drawn up at Union level taking account of Article 7(4) of Commission Implementing Regulation (EU) No 908/2014(4).]]

3.[F50By way of derogation from [F58Article 30(a) [F59and (b)]] , [F60the relevant authority] may, as regards the basic payment scheme [F61[F62and] the re-distributive payment]F63..., decide to reduce the control sample to the sample selected in accordance with point (a) of the first subparagraph of Article 34(2) if checks based on the ortho-images used for the update of the identification system for agricultural parcels referred to in Article 70 of Regulation (EU) No 1306/2013 are carried out.

[F64The first subparagraph shall only apply if [F65the relevant authority] systematically update the identification system for agricultural parcels and check all beneficiaries 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, that minimum coverage percentage per year shall not apply to [F65the relevant authority] with less than 150 000 eligible hectares recorded in the identification system for agricultural parcels.

Before applying the first subparagraph, [F66the relevant authority] 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.]

The quality of the identification system for agricultural parcels as assessed in accordance with Article 6 of Delegated Regulation (EU) No 640/2014 during the two years preceding the application of the first subparagraph shall be sufficient to ensure effective verification of the conditions under which aid is granted.

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

[F15The third and fourth subparagraphs of paragraph 2 shall apply mutatis mutandis .]]

4.By way of derogation from Article 32(1), [F67the relevant authority] may decide to reduce the minimum level of on-the-spot checks carried out each calendar year to 3 % of the beneficiaries applying for rural development measures in the scope of the integrated system.

[F15However, the first subparagraph shall not apply in relation to beneficiaries that include equivalent practices as referred to in Article 43(3) of Regulation (EU) No 1307/2013 and to collectives and commitments which are selected in accordance with Article 32(2a) of this Regulation.]

5.[F15[F68Paragraphs [F692, 3 and 4] [F692 and 3]] [F68Paragraph 4] shall only apply if the general conditions for reducing the minimum level of on-the-spot checks laid down in Article 41 of Implementing Regulation (EU) No 908/2014 are fulfilled.] Where any of those conditions [F70or the conditions laid down in paragraphs 2 or 3 of this Article] are no longer met, [F71the relevant authority] shall immediately revoke their decision to reduce the minimum level of on-the-spot checks and shall apply the minimum level of on-the-spot checks provided for in [F72[F73Article 30(a) [F74and (b)]] and/or] Article 32 as of the following claim year for the [F75aid schemes or] support measures concerned.

6.[F76By way of derogation from Article 30(g), where a [F77relevant authority] introduces a system of prior approval for the cultivation of hemp, the minimum level of on-the-spot checks may be reduced to 20 % of the areas declared for the production of hemp as referred to in Article 32(6) of Regulation (EU) No 1307/2013.

F78...]]

Textual Amendments

F49Words in Art. 36(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(31)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F50Art. 36(2)(3) 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(31)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F51Words in Art. 36(2) 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(31)(a)(i)

F52Words in Art. 36(2) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(a)(i)

F53Words in Art. 36(2) 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(31)(a)(ii)

F54Words in Art. 36(2) omitted (S.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 5(6)

F55Word in Art. 36(2) 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(31)(a)(iii)

F56Words in Art. 36(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(31)(a)(iv)

F58Words in Art. 36(3) 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(31)(b)(i)(aa)

F59Words in Art. 36(3) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(b)(i)

F60Words in Art. 36(3) 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(31)(b)(i)(bb)

F61Words in Art. 36(3) omitted (S.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 5(6)

F62Word in Art. 36(3) 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(31)(b)(i)(cc)

F63Words in Art. 36(3) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(31)(b)(i)(dd)

F65Words in Art. 36(3) 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(31)(b)(ii)

F66Words in Art. 36(3) 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(31)(b)(iii)

F67Words in Art. 36(4) 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(31)(c) (which amending provision is revoked (8.6.2020) by S.I. 2020/576, regs. 1, 7(4)); and words in Art. 36(4) 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(31)(c) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F68Words in Art. 36(5) substituted for the words “Paragraphs 2, 3 and 4” (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(31)(d)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F70Words in Art. 36(5) 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(31)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F71Words in Art. 36(5) 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(31)(d)(i); and words in Art. 36(5) 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(31)(d)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F72Words in Art. 36(5) omitted (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(31)(d)(iv) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F73Words in Art. 36(5) substituted for "Article 30(a), (b) and (f)" (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(31)(d)(ii)

F75Words in Art. 36(5) 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(31)(d)(v) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F76Art. 36(6) 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(31)(e) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)

F77Words in Art. 36(6) 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(31)(e)(i)

F78Words in Art. 36(6) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(31)(e)(ii)

Modifications etc. (not altering text)

(1)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

(2)

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

(3)

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

(4)

[F17Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency ( OJ L 255, 28.8.2014, p. 59 )]

Textual Amendments