2022 No. 107
The Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by Article 62(2)(a) and (b) of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council of 13 December 2013 on the financing, management and monitoring of the common agricultural policy1, section 2 of the Agriculture (Retained EU Law and Data) (Scotland) Act 20202, and all other powers enabling them to do so.
Citation and commencementI11
These Regulations may be cited as the Rural Support (Controls) (Coronavirus) (Scotland) Regulations 2022 and come into force on 19 May 2022.
Amendment of the Horizontal RegulationI22
1
Regulation (EU) No. 1306/20133 is amended as follows.
2
In Article 75 for paragraph 2 substitute—
Payments referred to in paragraph 1 may be made after the administrative checks referred to in Article 74 have been finalised.
Amendment of Commission Implementing Regulation (EU) No. 809/2014I33
1
Commission Implementing Regulation (EU) No. 809/2014 4F1of 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 is amended in accordance with paragraphs (2) to (7).
2
In Article 24(4), for the sub-paragraph beginning “By way of derogation from the first-sub-paragraph” substitute—
By way of derogation from the first sub-paragraph, no physical inspection is required in respect of claim year 2020 for on-the-spot checks related to direct payment support and in respect of claim year 2021 for on-the-spot checks related to direct payment support and support for rural development. The competent authority will draw a definitive conclusion from the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including such evidence provided by the beneficiary at the request of the competent authority.
3
In Article 26(4), for the sub-paragraph beginning “In respect of claim year 2020” substitute—
In respect of claim year 2020 for on-the-spot checks related to direct payment support and in respect of claim year 2021 for on-the-spot checks related to direct payment support and support for rural development, the requirement for additional visits under this paragraph may be met by the use of new technologies or other relevant evidence.
4
In Article 33(1), at the end insert as a new sub-paragraph—
By way of derogation from the first sub-paragraph, the control sample for the on-the-spot checks in respect of claim years 2020 and 2021 must cover at least 1% of all beneficiaries applying for that respective aid scheme. By way of derogation from the second-subparagraph, the control sample selected shall cover at least 1% of all animals for which aid is applied for per aid scheme.
5
In Article 49(1), at the end insert as a new sub-paragraph—
By way of derogation from the first sub-paragraph, no physical inspection is required for the on-the-spot checks related to claim year 2021. The competent authority will draw a definitive conclusion from the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including such evidence provided by the beneficiary at the request of the competent authority.
6
In Article 52(2), at the end insert as a new sub-paragraph—
By way of derogation from the first sub-paragraph, the control rate for ex-post checks shall be at least 0.6 % in calendar year 2021. In calendar year 2021, no physical inspection is required for ex-post checks. The competent authority will draw a definitive conclusion from the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including such evidence provided by the beneficiary at the request of the competent authority.
7
In Article 68—
a
in paragraph 1—
i
after “receiving direct payment support.” insert “For the purposes of on-the-spot checks in respect of claim year 2021, this sub-paragraph applies as if for “1%” there were substituted “0.5%””
,
ii
for “claim year 2020” substitute “claim years 2020 and 2021”
,
iii
after “Title III shall apply.” insert “This sub-paragraph does not apply in respect of claim years 2021 and 2022.”
,
b
omit paragraph 4.
(This note is not part of the Regulations)