Article 34 Selection of the control sampleE1F1

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.

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For the purposes of F7... 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 F8... rural development measure they have been selected for if the minimum control rates of the other F9... support measures they applied for are already respected.

The effectiveness of the risk analysis shall be assessed and updated on an annual basis as follows:

1. (a)

   by establishing the relevance of each risk factor;

2. (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;

3. (c)

   by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the F10relevant territory;

4. (d)

   by taking into account the nature of the non-compliance that prompt an increase of the control rate in accordance with Article 35.

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.

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 F11... payment claims are available.