{
  "url": "https://openlegislation.uk/eu-regulation-2014-809/article-34",
  "json_url": "https://openlegislation.uk/eu-regulation-2014-809/article-34.json",
  "legislation": "eur/2014/809",
  "legislation_title": "Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2014-809",
  "path": "article/34",
  "kind": "article",
  "number": "34",
  "heading": "Selection of the control sample",
  "text": "(1.) Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.\n(2.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4a.) For the purposes of ... point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.\nThe on-the-spot check regarding the selected beneficiaries may be limited to the ... rural development measure they have been selected for if the minimum control rates of the other ... support measures they applied for are already respected.\n(5.) The effectiveness of the risk analysis shall be assessed and updated on an annual basis as follows:\n(a)by establishing the relevance of each risk factor;\n(b)by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;\n(c)by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the relevant territory;\n(d)by taking into account the nature of the non-compliance that prompt an increase of the control rate in accordance with Article 35.\n(6.) The competent authority shall keep records of the reasons for the selection of each beneficiary for an on-the-spot check. The inspector carrying out the on-the-spot check shall be informed accordingly prior to the commencement of the on-the-spot check.\n(7.) Where appropriate, a partial selection of the control sample may be made on the basis of available information before the final date referred to in Article 13. That provisional sample shall be completed when all relevant ... payment claims are available.",
  "extent": "E",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 34 omitted (E.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 9(12)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 34(2) 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(30)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 34(3) omitted (E.) (28.7.2022 in so far as it relates to rural development support measures) by virtue of The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 11(5)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 34(4) omitted (E.) (15.12.2022 in so far as it relates to rural development support measures) by virtue of The Rural Development (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/1225), regs. 1(1), 8(4)(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Inserted 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."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Art. 34(4a) omitted (E.) (15.12.2022 in so far as it relates to rural development support measures) by virtue of The Rural Development (Amendment) (No. 2) (England) Regulations 2022 (S.I. 2022/1225), regs. 1(1), 8(4)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Art. 34(4a) 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(30)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Art. 34(4a) 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(30)(d)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Art. 34(5)(c) substituted for the words “Member State” (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(30)(e) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Art. 34(7) 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(30)(f) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "E",
      "label": "E1",
      "text": "This version of this provision applies to England only; separate versions have been created for Northern Ireland and Wales and Scotland"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "nisr/2025/165",
      "affecting_title": "The Farm Sustainability Standards Regulations (Northern Ireland) 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2014/809/article/34",
    "retrieved_at": "2026-11-01T14:47:25.658900+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."
}