# Commission Implementing Decision of 23 October 2012 on granting a derogation requested by the Kingdom of Denmark pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2012) 7182) (Only the Danish text is authentic) (2012/659/EU), Article 8: Controls

Extent: E+W+S+N.I.

1. The competent authorities shall ensure that all the applications for derogation are submitted to administrative control. Where the control demonstrates that the conditions provided for in Articles 5 and 6 are not fulfilled, the applicant shall be informed thereof. In this instance, the application shall be refused.
2. A programme of inspections shall be established based on risk analysis, results of controls of the previous years and results of general random controls of application of legislation implementing Directive 91/676/EEC. The inspections shall consist of field inspections and on-the-spot control and cover annually at least 5 % of the farms benefiting from an individual derogation in respect to the conditions set out in Articles 5 and 6 of this Decision. Where verification indicates non-compliance, the farmer shall be fined according to the national system and the request for derogation the next year shall be refused.
3. The competent authorities shall be granted the necessary powers and means to verify compliance with the conditions of the derogation granted under this Decision.

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Source: https://www.legislation.gov.uk/eudn/2012/659/article/8 (the official version)
Page: https://openlegislation.uk/eu-decision-2012-659/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.