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Article 24 General principles

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1.)

Administrative checks and on-the-spot checks provided for in this Regulation shall be made in such a way as to ensure effective verification of:

  1. (a)

    the correctness and completeness of the information provided in the F1aid application, application for support, payment claim or other declaration;

  2. (b)

    compliance with all eligibility criteria, commitments and other obligations for the F2aid scheme and/or support measure concerned, the terms under which F3aid and/or support or exemption from obligations are granted;

  3. (c)

    F4the requirements and standards relevant for cross-compliance.

(2.)

F5The relevant authority shall ensure that compliance with all conditions applicable established by F6the law applying in the constituent nation and documents containing implementing arrangements or by the rural development programme can be checked according to a set of verifiable indicators to be established by the relevant authority.

(3.)

The results of the administrative and on-the-spot checks shall be assessed to establish whether any problems encountered could in general entail a risk for other similar operations, beneficiaries or other bodies. The assessment shall also identify the causes of such situations, any further examination which may be required and necessary corrective and preventive actions.

C1(F74.)

The competent authority shall carry out physical inspections in the field in the event that photo-interpretation of satellite or aerial ortho-images or other relevant evidence including evidence provided by the beneficiary at the request of the competent authority do not provide results that would permit definitive conclusions to be drawn to the satisfaction of the competent authority concerning the eligibility or, where applicable, the correct size of the area that is the subject of administrative or on-the-spot checks.

F8By way of derogation from the first sub-paragraph, the competent authority may fully substitute the physical inspections to be carried out under this Regulation in respect of claim year 2020 by the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including evidence provided by the beneficiary, such as geo-tagged photos, which could permit definitive conclusions to be drawn to the satisfaction of the competent authority.

F9By way of derogation from the first subparagraph, the competent authority may, fully substitute the physical inspections to be carried out under this Regulation in respect of claim year 2020 by the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including evidence provided by the beneficiary, such as geo-tagged photos, which could permit definitive conclusions to be drawn to the satisfaction of the competent authority.

F10By way of derogation from the first sub-paragraph, no physical inspection is required in respect of claim year 2020 for on-the-spot checks related to direct payment support and in respect of claim year 2021 for on-the-spot checks related to direct payment support and support for rural development. The competent authority will draw a definitive conclusion from the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including such evidence provided by the beneficiary at the request of the competent authority.

(5.)

This Chapter shall apply to all checks carried out under this Regulation and without prejudice to specific rules provided for in Title IV and V. Paragraph 3 shall however not apply to Title V.

Annotations

Textual amendments

F1

Words in Art. 24(1)(a) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(22)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(20)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 24(1)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(22)(a)(ii)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(20)); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 24(1)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(22)(a)(ii)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(20)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Art. 24(1)(c) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg. 1(1), Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F5

Words in Art. 24(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(23)(a); and words in Art. 24(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(22)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(20)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 24(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(23)(b); and words in Art. 24(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(22)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(20)); 2020 c. 1, Sch. 5 para. 1(1)

F7

Substituted by Commission Implementing Regulation (EU) 2018/746 of 18 May 2018 amending Implementing Regulation (EU) No 809/2014 as regards modification of single applications and payment claims and checks.

F8

Words in Art. 24(4) inserted (E.) (30.6.2020) by The Direct Payments to Farmers (Inspections) (Coronavirus) (England) Regulations 2020 (S.I. 2020/575), regs. 1(1), 2(2)

F9

Words in Art. 24(4) inserted (N.I.) (20.7.2020) by The Direct Payments to Farmers (Controls and Checks) (Amendment) (Coronavirus) Regulations (Northern Ireland) 2020 (S.R. 2020/105), regs. 1(1), 2(2)

F10

Words in Art. 24(4) substituted (S.) (19.5.2022) by The Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022 (S.S.I. 2022/107), regs. 1, 3(2)

Modifications

C1

Art. 24(4) modified (W.) (14.6.2020) by The Payments to Farmers (Controls and Checks) (Wales) (Coronavirus) Regulations 2020 (S.I. 2020/531), regs. 1(2), 2(a)