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Commission Implementing Regulation (EU) No 809/2014Show full title
Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance
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- Revised 01/11/20190.65 MB
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- Revised 22/08/20160.52 MB
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Changes and effects yet to be applied to Article 32:
- Regulation applied with mods. by S.R. 2021/181 reg. 2
- Art. 32 omitted by S.I. 2022/765 reg. 11(4)
- Art. 32(1) words omitted by S.I. 2021/400 reg. 4(9)(a)(i)
- Art. 32(1) words omitted by S.I. 2021/400 reg. 4(9)(a)(ii)
- Art. 32(2) omitted by S.I. 2021/400 reg. 4(9)(b)
- Art. 32(2a) omitted by S.I. 2021/400 reg. 4(9)(c)
- Art. 32(4) omitted by S.I. 2021/400 reg. 4(9)(d)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Title 5 revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 1
- Art. 1(m) words substituted by S.I. 2019/765 reg. 5(2)(a)(iv) (This amendment not applied to legislation.gov.uk. Reg. 5(2)(a)(iv) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(3)(c))
- Art. 1(r)(s) revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 2
- Art. 6(2)(c) words substituted by S.I. 2021/400 reg. 4(3)
- Art. 6(2)(f)(iii)(iv) omitted by S.I. 2019/765 reg. 5(6)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(6) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(8))
- art. 6(3)(b) omitted by S.R. 2021/40 reg. 6(2)(a)
- Art. 6(3)(c) omitted by S.I. 2019/765 reg. 5(6)(c) (This amendment not applied to legislation.gov.uk. Reg. 5(6) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(8))
- Art. 6(5) inserted by S.I. 2021/407 reg. 5(2)(c)
- Art. 14(1)(f) omitted by S.I. 2022/765 reg. 11(2)
- art. 14(1)(h) omitted by S.R. 2021/40 reg. 6(3)
- Art. 14(1a) inserted for specified purposes by S.I. 2022/1225 reg. 8(1)reg. 8(2)(b)
- Art. 17(7)(c) words substituted by S.I. 2019/765 reg. 5(16)(c)(i) (This amendment not applied to legislation.gov.uk. Reg. 5(16)(b)-(d) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(13))
- Art. 21(1)(d) words substituted by S.I. 2019/765 reg. 5(19)(a) (This amendment not applied to legislation.gov.uk. Reg. 5(19)(a)(b) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(18)(i))
- Art. 24(1)(c) revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 2
- Art. 29(1)(a) word omitted by S.I. 2023/1430 Sch. 4 para. 7(6)(b)
- Art. 29(1)(a) words omitted by S.I. 2023/1430 Sch. 4 para. 7(6)(a)
- Art. 29(1)(a) words omitted by S.I. 2023/1430 Sch. 4 para. 7(6)(c)
- Art. 29(1)(f) omitted by S.I. 2019/765 reg. 5(26)(a) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
- Art. 29(1)(g) omitted by S.I. 2019/765 reg. 5(26)(a) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
- Art. 30(f) omitted by S.I. 2019/765 reg. 5(27)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
- Art. 30(h) omitted by S.I. 2019/765 reg. 5(27)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
- Art. 31(b)(ii) words omitted by S.I. 2019/765 reg. 5(28)(a)(i) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
- Art. 31(1)(c) words omitted by S.I. 2019/765 reg. 5(28)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
- Art. 31(1)(d) words omitted by S.I. 2019/765 reg. 5(28)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 5(26)-(28) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(22))
- Art. 32a inserted by S.I. 2021/400 reg. 4(10)
- Art. 34(5)(c) words substituted by S.I. 2019/765 reg. 5(30)(c) (This amendment not applied to legislation.gov.uk. Reg. 5(30)-(32) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(24))
- Art. 34(5)(d) word inserted by S.I. 2021/400 reg. 4(11)(c)(ii)
- Art. 37(3)(c) words substituted by S.I. 2019/765 reg. 5(32)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 5(30)-(32) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(24))
- Art. 40a(2)(b) words substituted by S.I. 2019/765 reg. 5(36) (This amendment not applied to legislation.gov.uk. Reg. 5(34)-(36) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(26))
- Art. 41(1)(h) words revoked by S.I. 2023/816 Sch. Pt. 1 para. 1 Table 2
- Art. 48(2)(e) sum substituted by S.I. 2021/400 reg. 4(22)(a)(ii)(aa)
- Art. 48(2)(e) words omitted by S.I. 2021/400 reg. 4(22)(a)(ii)(bb)
- Art. 48(5)(a) omitted by S.I. 2021/400 reg. 4(22)(b)(ii)
- Art. 64(a) word omitted by S.I. 2019/765 reg. 5(51) (This amendment not applied to legislation.gov.uk. Reg. 5(51) substituted immediately before IP completion day by S.I. 2020/1445, reg. 8(31))
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.
[F12a.By way of derogation from paragraphs 1 and 2, where a [F2relevant 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 [F3relevant 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.
[F1Where a [F4relevant 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
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F1Inserted by Commission Implementing Regulation (EU) 2015/2333 of 14 December 2015 amending Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance.
F2Words 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)
F3Words 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)
F4Words 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 [F53%] of all beneficiaries applying for rural development measures. F6...
F7...
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.
[F82a.By way of derogation from paragraphs 1 and 2, where a [F9relevant 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 [F10relevant 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.
[F8Where a [F11relevant 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
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F5Word in Art. 32(1) substituted (S.) (1.1.2021) by The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 7(5)(a)
F6Words in Art. 32(1) 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(5)(b)
F7Words in Art. 32(1) 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(5)(c)
F8Inserted by Commission Implementing Regulation (EU) 2015/2333 of 14 December 2015 amending Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance.
F9Words 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)
F10Words 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)
F11Words 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)
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