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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
- Revised 10/06/20190.59 MB
- Revised 16/05/20180.49 MB
- Revised 18/07/20170.46 MB
- Revised 04/07/20170.48 MB
- Revised 22/08/20160.52 MB
- Revised 01/01/20160.57 MB
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Changes over time for: Article 50
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Changes and effects yet to be applied to Article 50:
- Regulation applied with mods. by S.R. 2021/181 reg. 2
- Art. 49-51 omitted by S.I. 2021/400 reg. 4(23)
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 50E+W+N.I.Control rate and sampling of on-the-spot-checks
1.[F1The expenditure covered by on-the-spot checks shall represent at least 5 % of the expenditure referred to in Article 46 and co-financed by [F2rural development support] which is claimed to the paying agency each calendar year and which does not concern operations for which only advance payments have been claimed.]
[F3Where an operation subject to on-the-spot check has received advance or interim payments, those payments shall be counted towards the expenditure covered by on-the-spot checks as referred to in the first subparagraph.]
[F4As regards financial instruments, only the payments to the final recipients subject to on-the-spot checks shall be counted towards the expenditure covered by on-the-spot checks as referred to in the first subparagraph.]
2.[F1Only checks carried out until the date foreseen for submission of the control data and control statistics according to Article 9 shall be counted towards the achievement of the minimum level referred to in paragraph 1.]
Payment claims found not to be eligible after administrative checks shall not be counted towards the achievement of the minimum level referred to in paragraph 1.
3.Only checks meeting all the requirements of Articles 49 and 51 may be counted towards achievement of the minimum level referred to in paragraph 1.
4.The sample of approved operations to be checked in accordance with paragraph 1 shall take into account in particular:
(a)
the need to check an appropriate mix of types and sizes of operations;
(b)
any risk factors identified following F5... checks;
(c)
the type of operation’s contribution to the risk of error in implementation of the rural development programme;
(d)
the need to maintain a balance between the measures and types of operations;
(e)
the need to select randomly between 30 % and 40 % of expenditure.
5.Where on-the-spot checks reveal any significant non-compliance in the context of a support measure or type of operation, the competent authority shall increase the control rate to an appropriate level in the following calendar year for the measure or type of operation concerned.
6.By way of derogation from paragraph 1, [F6the relevant authority] may decide to reduce the minimum level of on-the-spot checks carried out each calendar year as referred to in paragraph 1 to 3 % of the amount co-financed by [F7the rural development support].
[F8The relevant authority] may apply the first subparagraph only if the general conditions for reducing the minimum level of on-the-spot checks laid down F9... in accordance with Article 62(2)(b) of Regulation (EU) No 1306/2013 are fulfilled.
Where any of the conditions referred to in the second subparagraph are no longer met, [F10the relevant authority] shall immediately revoke their decision to reduce the minimum level of on-the-spot checks. They shall apply the minimum level of on-the-spot checks referred to in paragraph 1 as of the following calendar year.
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
F1Substituted by Commission Implementing Regulation (EU) 2017/1242 of 10 July 2017 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. 50(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(44)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Substituted by Commission Implementing Regulation (EU) 2016/1394 of 16 August 2016 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.
F4Inserted by Commission Implementing Regulation (EU) 2017/1242 of 10 July 2017 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.
F5Words in Art. 50(4)(b) 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(44)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 50(6) 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(44)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 50(6) 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(44)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 50(6) 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(44)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 50(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(44)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 50(6) 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(44)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Article 50SControl rate and sampling of on-the-spot-checks
1.[F11The expenditure covered by on-the-spot checks shall represent at least [F123%] of the expenditure referred to in Article 46 and co-financed by [F13rural development support] which is claimed to the paying agency each calendar year and which does not concern operations for which only advance payments have been claimed.]
[F14Where an operation subject to on-the-spot check has received advance or interim payments, those payments shall be counted towards the expenditure covered by on-the-spot checks as referred to in the first subparagraph.]
[F15As regards financial instruments, only the payments to the final recipients subject to on-the-spot checks shall be counted towards the expenditure covered by on-the-spot checks as referred to in the first subparagraph.]
2.[F11Only checks carried out until the date foreseen for submission of the control data and control statistics according to Article 9 shall be counted towards the achievement of the minimum level referred to in paragraph 1.]
Payment claims found not to be eligible after administrative checks shall not be counted towards the achievement of the minimum level referred to in paragraph 1.
3.Only checks meeting all the requirements of Articles 49 and 51 may be counted towards achievement of the minimum level referred to in paragraph 1.
4.The sample of approved operations to be checked in accordance with paragraph 1 shall take into account in particular:
(a)
the need to check an appropriate mix of types and sizes of operations;
(b)
any risk factors identified following F16... checks;
(c)
the type of operation’s contribution to the risk of error in implementation of the rural development programme;
(d)
the need to maintain a balance between the measures and types of operations;
(e)
the need to select randomly between 30 % and 40 % of expenditure.
F175.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F186.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F11Substituted by Commission Implementing Regulation (EU) 2017/1242 of 10 July 2017 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.
F12Figure in Art. 50(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(13)(a)
F13Words in Art. 50(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(44)(a); 2020 c. 1, Sch. 5 para. 1(1)
F14Substituted by Commission Implementing Regulation (EU) 2016/1394 of 16 August 2016 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.
F15Inserted by Commission Implementing Regulation (EU) 2017/1242 of 10 July 2017 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.
F16Words in Art. 50(4)(b) 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(44)(b); 2020 c. 1, Sch. 5 para. 1(1)
F17Art. 50(5) 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(13)(b)
F18Art. 50(6) 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(13)(c)
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