Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of F7... point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.

The on-the-spot check regarding the selected beneficiaries may be limited to the F8... rural development measure they have been selected for if the minimum control rates of the other F9... support measures they applied for are already respected.

The effectiveness of the risk analysis shall be assessed and updated on an annual basis as follows:

1. (a)

   by establishing the relevance of each risk factor;

2. (b)

   F2by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;

3. (c)

   by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the F10relevant territory;

4. (d)

   by taking into account the nature of the non-compliance that prompt an increase of the control rate in accordance with Article 35.

The competent authority shall keep records of the reasons for the selection of each beneficiary 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.

Where appropriate, a partial selection of the control sample may be made on the basis of available information before the final date referred to in Article 13. That provisional sample shall be completed when all relevant F11... payment claims are available.

Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.

F16For the purposes of F17Article 32 F18..., between 20 % and 25 % of the minimum number of beneficiaries to be subject to on-the-spot checks and, where Article 32(2a) applies, 100 % of the collectives and between 20 % and 25 % of the commitments to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries and commitments to be subject to on-the-spot checks shall be selected on the basis of a risk analysis. Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis.

For the purposes of F17Article 32 F18..., the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.

For the purposes of Article 32, F19the relevant authority may, as a result of the risk analysis, select specific rural development measures which apply to the beneficiaries.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22For the purposes of F23Article 32 and point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.

The on-the-spot check regarding the selected beneficiaries may be limited to the F24... rural development measure they have been selected for if the minimum control rates of the other F25... support measures they applied for are already respected.

The effectiveness of the risk analysis F26shallF26may be assessed and updated on an annual basis as follows:

1. (a)

   by establishing the relevance of each risk factor;

2. (b)

   F12by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;

3. (c)

   by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the F27constituent nationF28relevant territory;

4. (d)

   by taking into account the nature of the non-compliance that F29may prompt an increase of the control rate in accordance with Article 35.

The competent authority shall keep records of the reasons for the selection of each beneficiary 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.

Where appropriate, a partial selection of the control sample may be made on the basis of available information before the final date referred to in Article 13. That provisional sample shall be completed when all relevant F30aid applications or payment claims are available.

Applications or applicants found not to be admissible or not eligible for payment at the time of submission or after administrative or on-the-spot checks shall not form part of the control population.

For the purposes of Articles 30 and 31, the sample selection shall ensure that:

1. (a)

   F33between 20% and 25% of the minimum number of beneficiaries subject to on-the-spot checks in accordance with points (a) to (f) and (h) of Article 30 and in F34points (a) to (e) of Article 31(1) shall be selected randomly;

2. (b)

   F35between 20% and 25% of the minimum number of beneficiaries subject to on-the-spot checks in accordance with point (b) of Article 31(1) shall be selected randomly;

3. (c)

   between 4 % and 5 % of the control population referred to in point (h) of Article 31(1) shall be selected randomly;

4. (d)

   the remaining number of beneficiaries in the control sample referred to in points (a) to (e) and (h) of Article 31(1) shall be selected on the basis of a risk analysis.

For the purposes of Article 31, F36the relevant authority shall ensure representativeness of the control sample as regards the different practices.

The additional beneficiaries to be subject to on-the-spot checks for the purposes of the first subparagraph of Article 31(3) shall be selected on the basis of a risk analysis.

F37Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis referred to in point (d) of the second subparagraph.

F39For the purposes of F40Article 32 F41..., between 20 % and 25 % of the minimum number of beneficiaries to be subject to on-the-spot checks and, where Article 32(2a) applies, 100 % of the collectives and between 20 % and 25 % of the commitments to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries and commitments to be subject to on-the-spot checks shall be selected on the basis of a risk analysis. Where the competent authority decides to apply the option provided for in Article 40a(4) or in Article 70a(3), findings revealed by checks by monitoring in the previous claim year shall be taken into account in the risk analysis.

For the purposes of F40Article 32 F41..., the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.

For the purposes of Article 32, F42the relevant authority may, as a result of the risk analysis, select specific rural development measures which apply to the beneficiaries.

For the purposes of Article 33, between 20% and 25% of the minimum number of beneficiaries to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries to be subject to on-the-spot checks shall be selected on the basis of a risk analysis.

For the purposes of Article 33, the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of F44Articles 30, 31 and 33F45Article 32 and point (c) of Article 40a(1), the same beneficiary may be used to respect several of the minimum control rates concerned provided that the effectiveness of selection of the risk based samples required therein is not affected.

The on-the-spot check regarding the selected beneficiaries may be limited to the F46aid scheme or rural development measure they have been selected for if the minimum control rates of the other F47aid schemes or support measures they applied for are already respected.

The effectiveness of the risk analysis shall be assessed and updated on an annual basis as follows:

1. (a)

   by establishing the relevance of each risk factor;

2. (b)

   F31by comparing the results as regards the difference between the area declared and the area determined of the risk based and randomly selected sample; or by comparing the results as regards the difference between the animals declared and the animals determined of the risk based and randomly selected sample;

3. (c)

   by taking into account the specific situation and, where appropriate, evolution of the risk factors’ relevance in the F48constituent nationF49relevant territory;

4. (d)

   F50...

The competent authority shall keep records of the reasons for the selection of each beneficiary 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.

Where appropriate, a partial selection of the control sample may be made on the basis of available information before the final date referred to in Article 13. That provisional sample shall be completed when all relevant F51aid applications or payment claims are available.