{
  "url": "https://openlegislation.uk/eu-decision-2019-1205/article-11",
  "json_url": "https://openlegislation.uk/eu-decision-2019-1205/article-11.json",
  "legislation": "eudn/2019/1205",
  "legislation_title": "Commission Implementing Decision (EU) 2019/1205 of 12 July 2019 granting a derogation requested by Belgium with regard to the region of Flanders pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2019) 5180) (Only the Dutch and the French texts are authentic)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-1205",
  "path": "article/11",
  "kind": "article",
  "number": "11",
  "heading": "Controls and inspections",
  "text": "1. All the applications for derogation shall be submitted to administrative control of the competent authorities. Where the control demonstrates that the conditions provided for in Articles 6, 7 and 8 are not fulfilled, the applicant shall be informed thereof. In this case, the application shall be considered to be refused.\n2. A programme of field inspections shall be established by the competent authorities based on risk analysis, results of controls of the previous years and results of general random controls of application of legislation transposing Directive 91/676/EEC.\n3. Field inspections shall be carried out in at least 7 % of the farms benefiting from an authorisation pursuant to Article 5, to assess compliance with the conditions set out in Article 6, 7 and 8.\n4. Where it is established in any year that a farm benefiting from an authorisation pursuant to Article 5 did not fulfil the conditions set out in Articles 6, 7 and 8, the holder of the authorisation shall be sanctioned in accordance with national rules and shall not be eligible for an authorisation the following year.\n5. The results of the measurements referred to in Article 7(8) shall be verified. Where verification demonstrates non-compliance, including that the basic threshold, as defined in the Manure Decree, was exceeded, the farmer shall be informed thereof and an application for authorisation for the following year for the parcel or parcels shall be refused.\n6. The competent authorities shall ensure on-spot controls of at least 2 % of manure transport operations, based on risk assessment and results of administrative controls referred to in paragraph 1.\n7. Controls shall include verification of the fulfilment of the obligations on accreditation, assessment of accompanying documents, verification of manure origin and destination and sampling of transported manure.\n8. Manure sampling may be carried out, where appropriate using automatic manure samplers installed on the vehicles, during loading operations.\n9. Manure samples shall be analysed by laboratories accredited by the competent authorities and results of the analysis shall be communicated to the delivering and to the receiving farmer.\n10. The competent authorities shall be granted the necessary powers and means to verify compliance with the conditions for an authorisation granted under this Decision.",
  "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/2019/1205/article/11",
    "retrieved_at": "2026-11-01T15:12:38.206665+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."
}