Article 36 Reduction of the control rateF1
United Kingdom
The control rates laid down in this Chapter may only be reduced in respect of F2aid schemes or support measures set out in this Article.
F3By way of derogation from F4Article 30(a) F5and (b), F6the relevant authority may, as regards the basic payment scheme F7F8and the re-distributive payment..., decide to reduce the minimum level of on-the-spot checks carried out each year per scheme to F101%.
F11The first subparagraph shall only apply if a system of spatial intersection of all aid applications with the identification system for agricultural parcels is in place ....
In respect of claim year 2015 the rate of errors found in the random sample checked on the spot shall not exceed 2 % in the preceding two financial years. That rate of errors shall be certified by the Member State in accordance with the established methodology drawn up at Union level.
F13In respect of claim year 2016 the rate of errors found in the random sample checked on the spot shall not exceed 2 % in the preceding financial year. That rate of errors shall be certified by the Member State in accordance with the new methodology drawn up at Union level taking account of Article 7(4) of Commission Implementing Regulation (EU) No 908/2014.
By way of derogation from F14Article 30(a) F15and (b), F16the relevant authority may, as regards the basic payment scheme F17F18and the re-distributive payment..., decide to reduce the control sample to the sample selected in accordance with point (a) of the first subparagraph of Article 34(2) if checks based on the ortho-images used for the update of the identification system for agricultural parcels referred to in Article 70 of Regulation (EU) No 1306/2013 are carried out.
F20The first subparagraph shall only apply if F21the relevant authority systematically update the identification system for agricultural parcels and check all beneficiaries in the entire area covered by it within a period of maximum three years, covering per year at least 25 % of the eligible hectares recorded in the identification system for agricultural parcels. However, that minimum coverage percentage per year shall not apply to the relevant authority with less than 150 000 eligible hectares recorded in the identification system for agricultural parcels.
Before applying the first subparagraph, F22the relevant authority shall have made a complete update of the identification system for agricultural parcels concerned within the previous three years.
The ortho-images used for the update shall not be older than 15 months at the date of their use for the purpose of the update of the identification system for agricultural parcels.
The quality of the identification system for agricultural parcels as assessed in accordance with Article 6 of Delegated Regulation (EU) No 640/2014 during the two years preceding the application of the first subparagraph shall be sufficient to ensure effective verification of the conditions under which aid is granted.
The decision referred to in the first subparagraph may be taken at national level or regional level. For the purposes of this subparagraph, a region shall be comprised of the whole area covered by one or more autonomous identification systems for agricultural parcels.
The third and fourth subparagraphs of paragraph 2 shall apply mutatis mutandis .
By way of derogation from Article 32(1), F24the relevant authority may decide to reduce the minimum level of on-the-spot checks carried out each calendar year to 3 % of the beneficiaries applying for rural development measures in the scope of the integrated system.
F25However, the first subparagraph shall not apply in relation to beneficiaries that include equivalent practices as referred to in Article 43(3) of Regulation (EU) No 1307/2013 and to collectives and commitments which are selected in accordance with Article 32(2a) of this Regulation.
F27Paragraphs F282, 3 and 42 and 3Paragraph 4 shall only apply if the general conditions for reducing the minimum level of on-the-spot checks laid down in Article 41 of Implementing Regulation (EU) No 908/2014 are fulfilled. Where any of those conditions F29or the conditions laid down in paragraphs 2 or 3 of this Article are no longer met, F30the relevant authority shall immediately revoke their decision to reduce the minimum level of on-the-spot checks and shall apply the minimum level of on-the-spot checks provided for in F31F32Article 30(a) F33and (b) and/or Article 32 as of the following claim year for the F34aid schemes or support measures concerned.
F35By way of derogation from Article 30(g), where a F36relevant authority introduces a system of prior approval for the cultivation of hemp, the minimum level of on-the-spot checks may be reduced to 20 % of the areas declared for the production of hemp as referred to in Article 32(6) of Regulation (EU) No 1307/2013.
F37...
Annotations
Textual amendments
- F1
Art. 36 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(14); Art. 36 omitted (S.) (1.1.2021) by virtue of The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 7(9); and Art. 36 omitted (N.I.) (25.2.2021) by virtue of The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 17(8); and Art. 36 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(1)(5)
- F2
Words in Art. 36(1) 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(31)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Art. 36(2)(3) 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(31)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 36(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(31)(a)(i)
- F5
Words in Art. 36(2) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(a)(i)
- F6
Words in Art. 36(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(31)(a)(ii)
- F7
Words in Art. 36(2) omitted (S.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 5(6)
- F8
Word in Art. 36(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(31)(a)(iii)
- F9
Words in Art. 36(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(31)(a)(iv)
- F10
Word in Art. 36(2) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(a)(ii)
- F11
- F12
Words in Art. 36(2) omitted (W.) (26.3.2021 in so far as it relates to direct payments) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 17(2)
- F13
- F14
Words in Art. 36(3) 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(31)(b)(i)(aa)
- F15
Words in Art. 36(3) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(b)(i)
- F16
Words in Art. 36(3) 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(31)(b)(i)(bb)
- F17
Words in Art. 36(3) omitted (S.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 5(6)
- F18
Word in Art. 36(3) 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(31)(b)(i)(cc)
- F19
Words in Art. 36(3) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(31)(b)(i)(dd)
- F20
Words in Art. 36(3) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(b)(ii)
- F21
Words in Art. 36(3) 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(31)(b)(ii)
- F22
Words in Art. 36(3) 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(31)(b)(iii)
- F23
Art. 36(4) 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(6)
- F24
Words in Art. 36(4) 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(31)(c) (which amending provision is revoked (8.6.2020) by S.I. 2020/576, regs. 1, 7(4)); and words in Art. 36(4) 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(31)(c) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F25
Words in Art. 36(4) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(13); and words in Art. 36(4) omitted (E.) (1.1.2024) by virtue of The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 7(7)
- F26
Art. 36(5) 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(6)
- F27
Words in Art. 36(5) substituted for the words “Paragraphs 2, 3 and 4” (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(31)(d)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F28
Words in Art. 36(5) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(c)(i)
- F29
Words in Art. 36(5) 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(31)(d)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F30
Words in Art. 36(5) 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(31)(d)(i); and words in Art. 36(5) 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(31)(d)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F31
Words in Art. 36(5) 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(31)(d)(iv) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F32
Words in Art. 36(5) substituted for "Article 30(a), (b) and (f)" (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(31)(d)(ii)
- F33
Words in Art. 36(5) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(19)(c)(ii)
- F34
Words in Art. 36(5) 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(31)(d)(v) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F35
Art. 36(6) 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(31)(e) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(24)); 2020 c. 1, Sch. 5 para. 1(1)
- F36
Words in Art. 36(6) 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(31)(e)(i)
- F37
Words in Art. 36(6) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(31)(e)(ii)
Modifications
- C1
Art. 36(2) 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(f)
Footnotes
- f1
-
Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency ( OJ L 255, 28.8.2014, p. 59 )