# 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, Article 34: Selection of the control sample

Extent: E

(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.
(2.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
The 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.
(5.) The effectiveness of the risk analysis shall be assessed and updated on an annual basis as follows:
(a)by establishing the relevance of each risk factor;
(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;
(c)by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the relevant territory;
(d)by taking into account the nature of the non-compliance that prompt an increase of the control rate in accordance with Article 35.
(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.
(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.

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Source: https://www.legislation.gov.uk/eur/2014/809/article/34 (the official version)
Page: https://openlegislation.uk/eu-regulation-2014-809/article-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

