Article 9Controls

1.

The competent national authority shall carry out administrative controls in respect of all farms benefiting from an individual derogation for the assessment of compliance with the maximum amount of 230 kg or 250 kg nitrogen per hectare per year from grazing livestock manure on farms with at least 80 % grassland, with total nitrogen and phosphate application standards and conditions on land use. Where the control carried out by the national authorities demonstrates that the conditions provided for in Articles 5 and 6 are not fulfilled, the applicant shall be informed thereof. In this instance, the application shall be considered to be refused.

2.

A programme of inspections shall be established on a risk basis and with appropriate frequency, taking account of results of controls of the previous years and results of general random controls of legislation implementing Directive 91/676/EEC and any information that might indicate non-compliance.

Administrative inspections shall address at least 5 % of farms benefiting from an individual derogation with regard to land use, livestock number and manure production.

Field inspections shall be carried out in at least 7 % of farms benefiting from an individual derogation under this Decision in respect to the conditions set out in Article 5 and 6 of this Decision.

3.

The competent authorities shall be granted the necessary powers and means to verify compliance with a derogation granted under this Decision.