Article 28 National control measures
United Kingdom
Without prejudice to Title VI of Regulation (EC) No 2200/96, Member States shall take the necessary steps to:
ensure that this Regulation is complied with;
prevent and prosecute irregularities and apply the penalties provided for in this Regulation;
recover sums lost as a result of irregularities or negligence;
verify the records provided for in Articles 29 and 30, ensuring that they tally with the accounting required of producer organisations and processors under national law;
carry out unannounced checks as referred to in Articles 31 and 32 during the appropriate periods;
carry out checks on areas sown to tomatoes as referred to in Article 31(1) after sowing and before harvesting.
Member States shall programme their tally checks as referred to in paragraph 1(d) of this Article, in Article 31(1)(a), (b) and (c), in Article 31(2)(c), and in Article 32(1), on the basis of a risk analysis that takes account, among other things, of:
observations made during checks conducted in earlier years;
developments since the year before;
the raw material yield per homogeneous production zone;
the relationship between the quantities delivered and the estimated total harvest;
the yield of the raw material in terms of finished product.
The risk analysis criteria shall be regularly updated.
Where irregularities or anomalies are found, Member States shall increase the frequency and percentage of checks as referred to in Articles 31 and 32 having regard to the seriousness of the findings.