Commission Regulation (EC) No 382/2005Show full title

CHAPTER 5 U.K. INSPECTIONS

[F1 Article 22a U.K. Inspection systems

1. Member States shall introduce inspection systems for verifying that each processing undertaking has complied with the following:

(a) the conditions laid down in Articles 1, 3, 86 to 89 of Regulation (EC) No 1234/2007 and Articles 12 and 14 of this Regulation;

(b) the quantities covered by aid applications correspond to the quantities of dried fodder meeting the minimum quality that leave the processing undertakings.

2. Dried fodder shall be weighed on leaving the processing plant and samples taken.

3. Before adopting provisions for the application of paragraph 1, Member States shall notify such provisions to the Commission.]

Textual Amendments

F1 Inserted by Commission Regulation (EC) No 232/2008 of 14 March 2008 amending Regulation (EC) No 382/2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder.

Article 23 U.K. General principles

1. The administrative and on-the-spot checks provided for in this Regulation shall be made in such a way as to ensure effective verification of compliance with the terms under which aid is granted.

2. The applications for aid in question shall be rejected if the processing undertaking prevents an on-the-spot check from being carried out.

Article 24 U.K. Administrative checks

1. Administrative checks shall permit the detection of irregularities, particularly via cross-checks.

The competent authorities shall carry out cross-checks between the agricultural parcels declared in the single aid application, in the contracts and/or in the delivery declarations and the reference parcels shown in the identification system for agricultural parcels to verify the eligibility for aid of the areas as such and to prevent any aid being granted without justification.

2. Indications of irregularities resulting from cross-checks shall be followed-up by any other appropriate administrative procedure, and where necessary, by an on-the-spot check.

Article 25 U.K. On-the-spot checks

1. On-the-spot checks shall be unannounced. However, provided that the purpose of the control is not jeopardised, advance notice may be given, limited to strictly the minimum period necessary. Such notice shall not exceed 48 hours, except in duly justified cases.

2. Where appropriate, the on-the-spot checks provided for in this Regulation, as well as any other checks provided for in Community rules, shall be carried out at the same time.

3. Should on-the-spot checks reveal significant irregularities in a region or in a processing undertaking, the competent authority shall accordingly increase the number, frequency and extent of on-the-spot checks on the undertakings concerned during the current year and in the following year.

4. The Member States shall establish the criteria for selection of the control sample. If the checks on that sample reveal irregularities, the size and scope of the sample shall be expanded appropriately.

Article 26 U.K. On-the-spot checks on processing undertakings

[F2 1. The competent authorities shall inspect, at least once each marketing year, the stock records referred to in Article 12 of all processing undertakings, and in particular the link between the stock records and the accounts including bank statements and the corresponding invoices.]

2. The competent authorities shall carry out random checks on the supporting documents relating to the stock records of processing undertakings.

However, in the case of newly-approved undertakings, the inspection shall cover all applications submitted during the first year of operation.

Textual Amendments

F2 Substituted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 amending Regulation (EC) No 382/2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder.

Article 27 U.K. On-the-spot checks on other parties

1. The competent authorities shall undertake regular additional checks on suppliers of raw materials and on operators to whom dried fodder has been supplied.

These checks shall cover:

(a) at least 5 % of lots which have been the subject of an aid application to verify traceability up to the final consignee;

(b) at least 5 % of contracts and delivery declarations to verify the parcel of origin of the products supplied to processing undertakings.

2. Parties subject to on-the-spot checks shall be selected by the competent authority on the basis of risk analysis taking into account:

(a) the amount of aid;

(b) changes in the aid from the previous year;

(c) the findings of checks made in past years;

(d) other factors to be defined by the Member States.

Each year the competent authority shall assess the effectiveness of risk analysis parameters used in previous years.

3. The competent authority shall keep records on the reasons for the selection of each farmer 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.

Article 28 U.K. Control report

[F2 1. Every on-the-spot check shall be the subject of a detailed control report which makes it possible to review the various aspects of the checks carried out and in particular the documents and registers examined.]

2. The subject of the checks shall be given the opportunity to sign the report and to add observations, and shall receive a copy of the control report.

Textual Amendments

F2 Substituted by Commission Regulation (EC) No 1388/2007 of 27 November 2007 amending Regulation (EC) No 382/2005 laying down detailed rules for the application of Council Regulation (EC) No 1786/2003 on the common organisation of the market in dried fodder.