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.

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.

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

1. (a)
   3% 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 3% of all beneficiaries having areas covered with permanent grasslands which are environmentally sensitive in areas covered by Council Directive 92/43/EEC18 or Directive 2009/147/EC of the European Parliament and of the Council19 and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013;
2. (b)

   3 % of:

   1. (i)

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

   2. (ii)

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

3. (c)

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

4. (d)

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

5. (e)

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

6. (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;

7. (g)

   100 % 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;

8. (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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

By way of derogation from paragraphs 1 and 2, where a F6relevant 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:

1. (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

2. (b)

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

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 F7relevant 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.

F5Where a F8relevant authority uses the option to introduce the collective claim, this paragraph shall not apply to collectives.

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

The control sample for on-the-spot checks carried out each year shall cover at least 3% of all beneficiaries applying for rural development measures. ...

...

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.

By way of derogation from paragraphs 1 and 2, where a relevant 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:

1. (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

2. (b)

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

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 relevant 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.

Where a relevant authority uses the option to introduce the collective claim, this paragraph shall not apply to collectives.

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

Where a relevant authority uses the option to introduce the collective claim, this paragraph shall not apply to collectives.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 3% of all beneficiaries applying for that respective aid scheme.

...

The control sample selected shall cover at least 3% of all animals for which aid is applied for per aid scheme.

By way of derogation from the first sub-paragraph, the control sample for the on-the-spot checks in respect of claim years 2020 and 2021 must cover at least 1% of all beneficiaries applying for that respective aid scheme. By way of derogation from the second-subparagraph, the control sample selected shall cover at least 1% of all animals for which aid is applied for per aid scheme.

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).

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 F13aid 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 F13aid scheme or support measure in the following claim year.

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 F13aid 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.

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

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18For the purposes of F19Article 32 F20..., 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 F19Article 32 F20..., 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, F21the relevant authority may, as a result of the risk analysis, select specific rural development measures which apply to the beneficiaries.

If the number of beneficiaries to be subject to on-the-spot checks exceeds the minimum number of beneficiaries referred to in F22Article 32, the percentage of randomly selected beneficiaries in the additional sample shall not exceed 25 %.

For the purposes of F24Article 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 F25... rural development measure they have been selected for if the minimum control rates of the other F26... support measures they applied for are already respected.

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

1. (a)

   by establishing the relevance of each risk factor;

2. (b)

   F14by 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;

3. (c)

   by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the F27relevant territory;

4. (d)

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

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.

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 F28... payment claims are available.

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.

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

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

For the purposes of Article 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 ... rural development measure they have been selected for if the minimum control rates of the other ... support measures they applied for are already respected.

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

1. (a)

   by establishing the relevance of each risk factor;

2. (b)

   by 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;

3. (c)

   by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the constituent nationrelevant territory;

4. (d)

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

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.

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 aid applications or payment claims are available.

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.

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

1. (a)

   between 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 points (a) to (e) of Article 31(1) shall be selected randomly;

2. (b)

   between 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;

3. (c)

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

4. (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, the 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.

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 referred to in point (d) of the second subparagraph.

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

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.

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

For the purposes of Articles 30, 31 and 33 Article 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 aid scheme or rural development measure they have been selected for if the minimum control rates of the other aid schemes or support measures they applied for are already respected.

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

1. (a)

   by establishing the relevance of each risk factor;

2. (b)

   by 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;

3. (c)

   by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the constituent nationrelevant territory;

4. (d)

   ...

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.

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 aid applications or payment claims are available.

The control rates laid down in this Chapter may only be reduced in respect of F33aid schemes or support measures set out in this Article.

F34By way of derogation from F35Article 30(a) F36and (b), F37the relevant authority may, as regards the basic payment scheme F38F39and the re-distributive paymentF40..., decide to reduce the minimum level of on-the-spot checks carried out each year per scheme to F411%.

F42The 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 F43....

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.

F34By way of derogation from F44Article 30(a) F45and (b), F46the relevant authority may, as regards the basic payment scheme F47F48and the re-distributive paymentF49..., 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.

F50The first subparagraph shall only apply if F51the 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 F51the relevant authority with less than 150 000 eligible hectares recorded in the identification system for agricultural parcels.

Before applying the first subparagraph, F52the 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.

F42The third and fourth subparagraphs of paragraph 2 shall apply mutatis mutandis .

By way of derogation from Article 32(1), F53the 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.

F54F42However, 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.

F42F55Paragraphs F562, 3 and 4F562 and 3F55Paragraph 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 F57or the conditions laid down in paragraphs 2 or 3 of this Article are no longer met, F58the 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 F59F60Article 30(a) F61and (b) and/or Article 32 as of the following claim year for the F62aid schemes or support measures concerned.

F63By way of derogation from Article 30(g), where a F64relevant 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.

F65...