{
  "url": "https://openlegislation.uk/eu-decision-2016-1040/article-11",
  "json_url": "https://openlegislation.uk/eu-decision-2016-1040/article-11.json",
  "legislation": "eudn/2016/1040",
  "legislation_title": "Commission Implementing Decision (EU) 2016/1040 of 24 June 2016 on granting a derogation requested by Italian Republic with regard to the Regions of Lombardia and Piemonte pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2016) 3820) (Only the Italian text is authentic)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2016-1040",
  "path": "article/11",
  "kind": "article",
  "number": "11",
  "heading": "Controls and verification",
  "text": "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, 6 and 7 are not fulfilled, the applicant shall be informed thereof. In this instance, the application shall be considered to be refused.\n2. A programme of field inspections shall be established based on risk analysis, results of controls of the previous years and results of general random controls of legislation implementing Directive 91/676/EEC. The field inspections shall cover at least 7 % of farms benefiting from a derogation in respect to the conditions set out in Articles 5, 6 and 7 of this Decision.\n3. The competent authorities shall ensure on-the-spot controls of at least 2 % of manure transport operations, based on risk assessment and results of administrative controls referred to in paragraph 1. Controls shall include, at least, assessment of accompanying documents, verification of manure origin and destination and availability of analysis of transported manure.\n4. Where verification indicates non-compliance with this Decision, the competent authorities shall take the necessary action for redress. In particular, farmers which do not comply with Articles 5, 6 and 7 shall be excluded from derogation the following year.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2016/1040/article/11",
    "retrieved_at": "2026-11-01T15:13:55.741828+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}