Council Regulation (EC) No 485/2008 (repealed)Show full title

Article 11

1. In each Member State a special department shall be responsible for monitoring the application of this Regulation and for:

(a) the performance of the scrutiny provided for herein by officials employed directly by that special department; or

(b) the coordination and general surveillance of the scrutiny carried out by officials belonging to other departments.

Member States may also provide that scrutinies to be carried out pursuant to this Regulation are allocated between the special department and other national departments, provided that the former is responsible for their coordination.

2. The department or departments responsible for the application of this Regulation must be organised in such a way as to be independent of the departments or branches of departments responsible for the payments and the scrutiny carried out prior to payment.

3. In order to ensure that this Regulation is properly applied, the special department referred to in paragraph 1 shall take all the measures necessary.

4. The special department shall be responsible in addition for:

(a) training the national officials responsible for carrying out the scrutiny referred to in this Regulation, in order to enable them to acquire sufficient knowledge for performing their duties;

(b) administering the scrutiny reports and any other documents relating to the scrutinies carried out and provided for under this Regulation;

(c) the preparation and communication of the reports referred to in Article 9(1) and the programmes referred to in Article 10.

5. The special department shall be entrusted by the Member State concerned with all the powers necessary to perform the tasks referred to in paragraphs 3 and 4.

It shall consist of a sufficient number of officials who are suitably trained to carry out those tasks.

6. This Article shall not apply when the minimum number of undertakings to control, in accordance with Article 2(2) to (5), is less than 10.