Regulation (EU) No 652/2014 of the European Parliament and of the Council
of 15 May 2014
laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 168(4)(b) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee,
OJ C 67, 6.3.2014, p. 166.
Having consulted the Committee of the Regions
Acting in accordance with the ordinary legislative procedure,
Position of the European Parliament of 2 April 2014 (not yet published in the Official Journal) and decision of the Council of 8 May 2014.
Whereas:
(1) Union law provides for requirements regarding food and food safety and feed and feed safety, at all stages of production, including rules that aim to guarantee fair practices in trade and the provision of information to consumers. It also lays down requirements regarding the prevention and control of transmissible diseases in animals and zoonoses, as well as requirements regarding animal welfare, animal by-products, plant health and plant reproductive material, the protection of plant varieties, genetically modified organisms, the placing on the market and use of plant protection products and the sustainable use of pesticides. Union law also provides for official controls and other official activities aimed at ensuring the effective implementation of and the compliance with those requirements.
(2) The general objective of Union law in those areas is to contribute to a high level of health for humans, animals and plants along the food chain, a high level of protection and information for consumers and a high level of protection of the environment, while favouring competitiveness and creation of jobs.
(3) The pursuit of that general objective requires appropriate financial resources. It is therefore necessary for the Union to contribute to the funding of measures undertaken in the different areas relating to that general objective. In addition, in order to efficiently target the use of the expenditure, specific objectives should be laid down and indicators should be set to assess the achievement of those objectives.
(4) Union financing for expenditure relating to food and feed has, in the past, taken the form of grants, procurement and payments to international organisations active in the field. It is appropriate to continue such financing in the same manner.
(5) Union financing may also be used by Member States to support them in actions on plant or animal health for the control, prevention or eradication of pests or animal diseases to be carried out by organisations active in those fields.
(6) For reasons of budgetary discipline, it is necessary to lay down in this Regulation the list of eligible measures which may benefit from a Union contribution as well as the eligible costs and applicable rates.
(7) Taking into account Council Regulation (EU, Euratom) No 1311/2013, the maximum amount for expenditure in relation to food and feed during the whole period 2014 to 2020 is to be EUR 1 891 936 000.
Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
(8) Furthermore, Union-level funding should be provided in order to cope with exceptional circumstances such as emergency situations related to animal and plant health, when the appropriations under budget heading 3 are insufficient but emergency measures are necessary. Funding in order to cope with such crises should be mobilised by, for example, drawing on the flexibility instrument, in accordance with the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management.
OJ C 373, 20.12.2013, p. 1.
(9) The law currently provides that some of the eligible costs are to be reimbursed at fixed rates. In relation to other costs, the law does not provide for limits on reimbursement. In order to rationalise and simplify the system, a fixed maximum rate for reimbursement should be set. It is appropriate to set that rate at the level which is usually applied to grants. It is also necessary to provide the possibility to raise that maximum rate in certain circumstances.
(10) Due to the importance of achieving the objectives of this Regulation, it is appropriate to finance 100 % of the eligible costs for certain actions, provided that the implementation of those actions also implies incurring costs which are not eligible.
(11) The Union is responsible for ensuring that funds are properly spent and for taking measures that respond to the need to simplify its spending programmes in order to reduce the administrative burden and the costs for the beneficiaries of funds and for all actors involved, in line with the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 8 October 2010 entitled Smart Regulation in the European Union.
(12) Union law requires Member States to implement certain measures when certain animal diseases or zoonoses occur or develop. Therefore, the Union should make a financial contribution to such emergency measures.
(13) It is also necessary to reduce, by appropriate eradication, control and monitoring measures, the number of outbreaks of animal diseases and zoonoses which pose a risk to human and animal health, as well as to prevent the occurrence of such outbreaks. National programmes for the eradication, control and monitoring of those diseases and zoonoses should therefore benefit from Union funding.
(14) For organisational and efficiency reasons in respect of the handling of funding in the animal and plant health areas, it is appropriate to lay down rules on content, submission, evaluation and approval of national programmes, including those implemented in the outermost regions of the Union referred to in Article 349 of the Treaty on the Functioning of the European Union (‘TFEU’). For the same reasons, deadlines for reporting and filing of payment requests should also be laid down.
(15) Council Directive 2000/29/EC requires Member States to take certain emergency measures for the eradication of organisms harmful to plants or plant products (‘pests’). The Union should make a financial contribution towards the eradication of those pests. A Union financial contribution should also be available, subject to certain conditions, for emergency measures aimed at containing the pests which have the most severe impact on the Union and which cannot be eradicated in certain zones and for prevention measures concerning those pests.
Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).
(16) Emergency measures taken against pests should be eligible for Union co-financing provided that they lead to added value for the Union as a whole. For this reason, a Union financial contribution should be made available for pests listed in Section I of Part A of Annex I and Section I of Part A of Annex II to Directive 2000/29/EC under the heading ‘Harmful organisms not known to occur in any part of the Union and relevant for the entire Union’. Where pests are known to occur in the Union, only measures relating to those of them which have the most severe impact on the Union should be eligible for a Union financial contribution. Such pests include in particular those subject to the measures under Council Directive 69/464/EEC, 93/85/EEC, 98/57/EC or 2007/33/EC. A Union financial contribution should also be made available for those pests which are not listed in Annex I or Annex II to Directive 2000/29/EC which are subject to national measures and which provisionally qualify for listing in Section I of Part A of Annex I to Directive 2000/29/EC or Section I of Part A of Annex II thereto. Measures relating to pests subject to Union emergency measures that aim to eradicate them should also be eligible for a Union financial contribution.
Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1).
Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot (OJ L 259, 18.10.1993, p. 1).
Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. (OJ L 235, 21.8.1998, p. 1).
Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC (OJ L 156, 16.6.2007, p. 12).
(17) It is necessary to detect in a timely manner the presence of certain pests. Surveys of such presence carried out by Member States are essential to ensure the immediate eradication of outbreaks of those pests. The surveys carried out by individual Member States are essential to protecting the territory of all other Member States. The Union may contribute to the financing of those surveys in general, on condition that their scope includes at least one of the two critical categories of pests, namely the pests which are not known to occur in the Union and the pests which are subject to Union emergency measures.
(18) Union financing for measures in the field of animal and plant health should cover specific eligible costs. In exceptional and duly justified cases, it should also cover the costs incurred by the Member States in carrying out other necessary measures. Such measures may include the implementation of enhanced biosecurity measures in case of outbreak of disease or presence of pests, the destruction and transport of carcasses during eradication programmes, and the costs of compensation to owners resulting from emergency vaccination campaigns.
(19) The outermost regions of Member States experience difficulties caused by their remoteness and by their dependence on a limited number of products. It is appropriate for the Union to grant a financial contribution to Member States for programmes that they carry out for the control of pests in those outermost regions in line with the objectives of Regulation (EU) No 228/2013 of the European Parliament and of the Council. Since certain outermost regions are subject to national rules specific for those regions instead of the Union rules laid down in Directive 2000/29/EC, that Union financial contribution should apply to the rules in force in those regions, regardless of whether they are Union rules or national rules.
Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).
(20) Official controls carried out by the Member States are an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain whilst ensuring a high level of protection of the environment. Union financial support should be made available for such control measures. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities.
(21) The efficient management of official controls depends on a rapid exchange of data and information related to those controls. In addition, the proper and harmonised implementation of the relevant rules depends on the setting up of efficient systems involving Member State competent authorities. Therefore the establishment and operation of databases and computerised information management systems for those purposes should also be eligible for financial contributions.
(22) The Union should make funding available for the technical, scientific, coordination and communication activities necessary to ensure the correct implementation of Union law and to ensure the adaptation of the law to scientific, technological and societal developments. Funding should also be made available for projects that aim to improve the effectiveness and efficiency of official controls.
(23) Pursuant to Article 3 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, any proposal submitted to the legislative authority containing derogations from the provisions of that Regulation is required to clearly indicate such derogations and to state the specific reasons justifying them. Therefore, given the specific nature of some of the objectives covered by this Regulation and since the respective competent authorities of the Member States are best placed to implement the activities associated with those objectives, those authorities should be considered to be identified beneficiaries for the purposes of Article 128(1) of Regulation (EU, Euratom) No 966/2012. It should therefore be possible to award grants to such authorities without prior publication of calls for proposals.
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(24) By way of derogation from Article 86 of Regulation (EU, Euratom) No 966/2012, and as an exception to the principle of non-retroactivity provided for in Article 130 thereof, the costs for the emergency measures covered by Articles 7 and 17 of this Regulation should be eligible from the date of notification of the occurrence of a disease or the presence of a pest by the Member State to the Commission due to the urgent and unforeseeable nature of those measures. The corresponding budgetary commitments and the payment of eligible expenditure should be made by the Commission, after assessment of the payment applications submitted by the Member States.
(25) It is of the utmost importance that such emergency measures are implemented immediately. It would therefore be counterproductive to exclude, from funding, those costs incurred prior to the submission of the grant application, as this would encourage Member States to focus their immediate efforts on the preparation of a grant application, instead of on the implementation of emergency measures.
(26) Given the extent of the Union law in force concerning the implementation of eradication and surveillance measures and the technical limitations as regards other expertise available, the implementation of the measures covered by this Regulation needs to be carried out principally by the competent authorities of the Member States. It is therefore necessary, in certain cases, to co-finance the salary costs of the personnel of national administrations.
(27) Programming allows coordination and prioritisation and thus contributes to the effective use of Union financial resources. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the adoption of work programmes for the implementation of certain measures provided for in this Regulation.
(28) To ensure responsible and effective use of Union financial resources, the Commission should be allowed to check that Union funding is effectively used for the implementation of eligible measures either by on-the-spot checks or by documentary checks.
(29) The financial interests of the Union should be protected throughout the expenditure cycle, including by the prevention, detection and investigation of irregularities and by the recovery of funds lost, wrongly paid or incorrectly used.
(30) The list of animal diseases which qualify for funding under emergency measures is annexed to this Regulation and contains the animal diseases referred to in Articles 3(1), 4(1), 6(2) and 14(1) of Council Decision 2009/470/EC. In order to take account of the animal diseases which are required to be notified in accordance with Council Directive 82/894/EEC, and the diseases which are likely to constitute a new threat for the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission, in respect of supplementing that list.
Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (OJ L 155, 18.6.2009, p. 30).
Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (OJ L 378, 31.12.1982, p. 58).
(31) The lists of animal diseases and zoonoses which qualify for funding under the eradication, control and surveillance programmes are annexed to this Regulation and contain the animal diseases and zoonoses referred to in Annex I to Decision 2009/470/EC. In order to take account of the situations that are provoked by those animal diseases that have a significant impact on livestock production or trade, the development of zoonoses which pose a threat to humans, or new scientific or epidemiological developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission, in respect of supplementing those lists.
(32) When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(33) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment of annual and multiannual work programmes; of the financial contribution for emergency measures or where it is necessary to respond to unforeseeable developments; of procedures for the submission by Member States of applications, and of reports and requests for payments for the grants. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(34) Union law should be implemented in such a way as to ensure that it delivers the intended benefits, in the light of experience. It is therefore appropriate for the Commission to evaluate the functioning and effectiveness of this Regulation and to communicate the results to the other institutions.
(35) Different committees currently assist the Commission in the implementation of existing Union rules covered by this Regulation, in particular the Committees established by Council Decisions 66/399/EEC, 76/894/EEC, Council Directives 98/56/EC, 2008/90/EC, and by Regulation (EC) No 178/2002 of the European Parliament and of the Council. It is appropriate to streamline the Committee procedure in this area. The Committee established by Article 58 of Regulation (EC) No 178/2002 should be charged with the task of assisting the Commission in the exercise of its implementing powers in respect of the expenditure incurred in the relevant areas and the name of that Committee should be changed in order to reflect its increased responsibilities. Consequently, Decisions 66/399/EEC and 76/894/EEC should be repealed and Directives 98/56/EC and 2008/90/EC and Regulation (EC) No 178/2002 should be amended accordingly.
Council Decision 66/399/EEC of 14 June 1966 setting up a Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (OJ 125, 11.7.1966, p. 2289/66).
Council Decision 76/894/EEC of 23 November 1976 establishing a Standing Committee on Plant Health (OJ L 340, 9.12.1976, p. 25).
Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (OJ L 226, 13.8.1998, p. 16).
Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(36) This Regulation replaces the provisions of Decision 2009/470/EC. It also replaces Articles 13c(5) and Articles 22 to 26 of Directive 2000/29/EC, Article 66 of Regulation (EC) No 882/2004 of the European Parliament and of the Council, Chapter VII of Regulation (EC) No 396/2005 of the European Parliament and of the Council, Article 22 of Directive 2009/128/EC of the European Parliament and of the Council and Article 76 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council. Consequently, Directive 2000/29/EC, Regulations (EC) No 882/2004 and (EC) No 396/2005, Directive 2009/128/EC and Regulation (EC) No 1107/2009 should be amended accordingly.
Regulation (EC) No 882/2004 of 29 April 2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).
Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).
Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).
Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of the plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(37) The introduction of Union co-financing for costs incurred by Member States for compensation to owners for the value of destroyed plants, plant products or other objects subject to the measures referred to in Article 16 of Directive 2000/29/EC requires the development of guidelines on the conditions applicable as regards the limits of the market value of the crops and trees concerned. That introduction should therefore apply only from 1 January 2017,
HAVE ADOPTED THIS REGULATION:

TITLE I COMMON PROVISIONS

CHAPTER I Subject matter, scope and objectives

Article 1 Subject matter and scope
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 1-36 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 Objectives
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II Forms of financing and general financial provisions

Article 3 Forms of financing
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4 Budget
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 5 Maximum rates of grants
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE II FINANCIAL PROVISIONS

CHAPTER I Animal health

Section 1 Emergency Measures

Article 6 Eligible measures
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7 List of animal diseases
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 8 Eligible costs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Programmes for the eradication, control and surveillance of animal diseases and zoonoses

Article 9 Eligible programmes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10 List of animal diseases and zoonoses
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 11 Eligible costs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12 Content and submission of the national programmes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 13 Evaluation and approval of the national programmes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 14 Reporting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In addition, for each approved annual national programme, Member States shall submit to the Commission, by 31 August each year, an intermediate financial report.

Article 15 Payments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II Plant health

Section 1 Emergency measures

Article 16 Eligible measures
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 17 Conditions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 18 Eligible costs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Survey programmes concerning the presence of pests

Article 19 Eligible survey programmes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 20 Eligible costs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 21 Content and submission of the survey programmes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 22 Evaluation and approval of the survey programmes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 23 Reporting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 24 Payments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3 Programmes concerning the control of pests in outermost regions of the Union

Article 25 Eligible measures and eligible costs
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 26 Content and submission of the programmes for the outermost regions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 27 Evaluation and approval of the programmes for the outermost regions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 28 Reporting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 29 Payments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER III Financial support to official controls and other activities

Article 30 European Union reference laboratories and centres
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Substituted by Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’) (Text with EEA relevance).

Article 30a Accreditation of national reference laboratories for plant health
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 31 Training
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 32 Experts from the Member States
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 33 Coordinated control plans and data collection
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IV Other measures

Article 34 Information systems
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 35 Implementation and adaptation of the rules
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE III PROGRAMMING, IMPLEMENTATION AND CONTROL

Article 36 Work programmes and financial contributions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 37 On-the-spot checks by the Commission
The Secretary of State, with the consent of the Scottish Ministers and the Welsh Ministers, may organise joint on-the-spot checks with the EU Commission in Great Britain at the premises of any beneficiary of EU expenditure incurred or committed before IP completion day, with a view to verifying in particular:
(a) the effective implementation of the measures benefitting from the EU financial contribution;
Word in Art. 37(a)(b) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
(b) the compliance of administrative practices with EU rules;
(c) the existence of the requisite supporting documents and their correlation with the measures benefitting from an EU contribution.
Words in Art. 37(c) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 37 substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(3)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(14)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 38 Access to information
The Secretary of State, with the assistance of the Scottish and Welsh Ministers and beneficiaries shall make available to the EU Commission all information necessary for verifying the implementation of the measures and shall take all appropriate measures to facilitate the checks which the EU Commission deems to be appropriate in connection with the management of European Union financing, including on-the-spot checks.
Words in Art. 38 substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(4)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(14)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 38 inserted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 38 substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 39 Protection of the EU's and the United Kingdom's financial interests
1. This Article only applies for so long as checks are required in respect of EU funds that have been granted or committed to the UK or UK beneficiaries before exit day in order for appropriate measures (including effective checks) to be taken either by the EU Commission or by the Secretary of State, the Scottish and the Welsh Ministers to prevent fraud, corruption and any other illegal activities, and in order that, where irregularities are detected, the EU Commission is assisted with the recovery of the amounts wrongly paid and, where appropriate, effective and proportionate action is taken against the beneficiaries where fraud, corruption or illegal activity is revealed.
Art. 39(1) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(5)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 25(14)(c)); 2020 c. 1, Sch. 5 para. 1(1)
2. The EU Commission, or its representatives, and the EU Court of Auditors retain the power of audit, on the basis of documents and on-the-spot checks, over all grant beneficiaries, implementing bodies, contractors and subcontractors who have received EU funds granted or committed before exit day under this Regulation.
The European Anti-Fraud Office (OLAF) may be authorised to carry out reasonable on-the-spot checks and inspections on economic operators suspected of defrauding the EU following receipt directly or indirectly of EU funding in accordance with the procedures laid down in Council Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the EU in connection with a grant agreement or decision or a contract concerning EU funding.
...
Art. 39(2) substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 39 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(5)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 39 heading substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

TITLE IV GENERAL AND FINAL PROVISIONS

Article 40 Exercise of the delegation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 40-42 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 41 Committee procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 42 Evaluation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 43 Information, communication and publicity
Where appropriate, beneficiaries and the Secretary of State, the Scottish Ministers, Welsh Ministers and (in Northern Ireland) the Department of Agriculture, Environment and Rural Affairs must ensure that suitable publicity is given to financial contributions granted by the EU.
Art. 43 substituted (31.12.2020) by The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 44 Repeals
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 44-54 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 45 Transitional provisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 46 Amendment of Directive 98/56/EC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 47 Amendment of Directive 2000/29/EC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 48 Amendment of Regulation (EC) No 178/2002
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 49 Amendment of Regulation (EC) No 882/2004
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 50 Amendment of Regulation (EC) No 396/2005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 51 Amendment of Directive 2008/90/EC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 52 Amendment of Directive 2009/128/EC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 53 Amendment of Regulation (EC) No 1107/2009
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 54 Entry into force and application
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
Arts. 44-54 (including binding words) omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(8); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I Animal diseases referred to in Article 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annexes 1-3 omitted (31.12.2020) by virtue of The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1410), regs. 1, 18(8); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX II Animal diseases and zoonoses referred to in Article 10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX III Priorities for the Commission work programmes referred to in Section 2 of Chapter I of Title II, and in Section 2 and Section 3 of Chapter II of Title II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATEMENT BY THE COMMISSION
on the procedures for the approval of veterinary and phytosanitary programmes
In order to better inform the Member States, the Commission will arrange an annual meeting of the Standing Committee on Plants, Animals, Food and Feed which shall focus on the outcome of the evaluation procedure of programmes. That meeting will take place no later than 30 November of the year preceding the implementation of the programmes.
In connection with that meeting, the Commission will present the list of the programmes technically approved and proposed for co-financing. Both financial and technical details will be discussed with the national delegations, and their comments will be considered.
In addition, before taking its final decision thereon, the Commission will, during a meeting of the Standing Committee on Plants, Animals, Food and Feed in January, communicate to the Member States the final list of programmes selected for co-financing and the final amount allocated to each programme.
Preparatory work for the design of the work programme for the implementation of the measures referred to in Articles 9, 19 and 25 will be carried out with experts of Member States in early February of each year in order to give Member States the relevant information to establish the eradication and surveillance programmes.