{
  "url": "https://openlegislation.uk/rural-development-amendment-no-2-england-regulations-2022/regulation-3",
  "json_url": "https://openlegislation.uk/rural-development-amendment-no-2-england-regulations-2022/regulation-3.json",
  "legislation": "uksi/2022/1225",
  "legislation_title": "The Rural Development (Amendment) (No. 2) (England) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/rural-development-amendment-no-2-england-regulations-2022",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Commission Regulation (EC) No 1975/2006",
  "text": "(1) Commission Regulation (EC) No 1975/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures, is amended as follows.\n(2) In Article 12 (on-the-spot checks)—\n(a) omit paragraph 1;\n(b) in paragraph 2, omit the words from “apply to on-the-spot” to “in this Article”;\n(c) omit paragraphs 3 and 4.\n(3) In Article 16 (area-related measures)—\n(a) for paragraph 2 substitute—\n“If, in respect of a crop group as referred to in Article 16(1), the area declared for the purposes of any area-related aid schemes or support measures exceeds or is less than the area determined in accordance with Article 50(3) of Regulation (EC) No 796/2004, the aid must be calculated on the basis of the area determined or the area declared, whichever is the lower.”;\n(b) in paragraph 6, omit “in the third subparagraph of paragraph 2 and”.\n(4) In Article 18 (reductions and exclusions in the case of non-respect of eligibility criteria)—\n(a) in paragraph 1, for “shall” substitute “may”;\n(b) for paragraph 2 substitute—\n“When deciding on the rate of refusal or withdrawal of support following the non-compliance with the commitments or other obligations referred to in paragraph 1 the relevant authority may take account of—\nthe circumstances that led to the non-compliance and whether it was caused by the intentional actions of the beneficiary or due to that person’s recklessness or negligence;\nany steps taken by the beneficiary to report a change of circumstance or notify the relevant authority of the non-compliance within a reasonable period;\nany failure on the part of the beneficiary to co-operate with an on-the-spot check;\nany past conduct of the beneficiary during the period of the commitment and whether a similar non-compliance has previously occurred;\nthe nature of the non-compliance and whether it has caused widespread or irreparable damage;\nthe extent to which it is desirable, practicable or economic to permit the beneficiary to rectify the non-compliance;\nthe consequences of the non-compliance and whether it renders the purpose of the commitment unachievable within the timescales or finances of the commitment or to the standards agreed when the commitment was undertaken.”;\n(c) in paragraph 3, for “shall” substitute “may”.\n(5) In Article 26 (administrative checks), paragraph 4, omit the second subparagraph.\n(6) In Article 27 (on-the-spot checks)—\n(a) in paragraph 1, in the first place it occurs, for “shall” substitute “may”;\n(b) omit paragraph 2.\n(7) In Article 28 (content of on-the-spot checks), for paragraph 3 substitute—\n“The on-the-spot checks may include a visit to the operation or, if the operation is intangible, to the operation promoter”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "EUR 2006/1975, as saved in respect of payment claims submitted before 1 January 2011 by Article 34 of EUR 2011/65."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/1225/regulation/3",
    "retrieved_at": "2026-10-28T21:53:10.013269+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."
}