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Article 7 Monitoring and control

United Kingdom

Original text. Later amendments are not shown.

1.

Notwithstanding the control obligations referred to in Regulation (EC) No 1290/2005, Member States shall monitor, control and verify the implementation of the restructuring programme as has become applicable.

F1For the measures referred to in Article 7(1), points (a), (b), (d) and (e) of Regulation (EC) No 637/2008, the Member States shall inspect on the spot each factory, production site and beneficiary receiving support under the restructuring programme before a final payment is made, to check that all conditions for obtaining the aid have been met and the measures referred to in Article 7(1), points (a), (b), (d) and (e) of that Regulation have been completed.

With regard to the measure referred to in Article 7(1), point (a) of Regulation (EC) No 637/2008 an on-the-spot inspection shall be carried out on all relevant factory and production sites at the latest three months after the expiry of the one year period referred to in Article 10(1)(b) of this Regulation to verify that the requirements of that paragraph have been met.

F2Member States shall verify whether the commitment referred to in Article 10(1)(e) is respected.

2.

For each on-the-spot inspection a report shall be established within one month, fully describing the work undertaken, the main findings and any follow-up action required. Specifically, the inspection reports shall:

(a)

contain information regarding the beneficiary and the production site subject to inspection as well as the persons present;

(b)

state whether notice of the visit was given to the beneficiary and, if so, the period of advance notice;

(c)

state the requirements and standards subject to inspection;

(d)

describe the nature and extent of the checks carried out;

(e)

contain the findings;

(f)

contain the elements in relation to which non-compliances are found;

(g)

contain an evaluation providing an assessment of the importance of the non-compliance in respect of each element on the basis of, among others, its severity, extent, degree of permanence and history.

The beneficiary shall be informed of any non-compliance found.

Annotations

Textual amendments

F1

Substituted by Commission Regulation (EC) No 638/2009 of 22 July 2009 amending Regulation (EC) No 1145/2008 laying down detailed rules for implementing Council Regulation (EC) No 637/2008 as regards the national restructuring programmes for the cotton sector.

F2

Inserted by Commission Regulation (EC) No 638/2009 of 22 July 2009 amending Regulation (EC) No 1145/2008 laying down detailed rules for implementing Council Regulation (EC) No 637/2008 as regards the national restructuring programmes for the cotton sector.