TITLE III

CHECKS
CHAPTER III

On-the-spot checks within the integrated system
Section 3

On-the-spot checks of livestock aid applications and payment claims under animal-related support measures

On-the-spot checks
Article 42
1.
On-the-spot checks shall verify that all eligibility criteria, commitments and other obligations are fulfilled and cover all animals for which
aid applications or
payment claims have been submitted under the
animal aid schemes or
animal-related support measures to be checked.
Where the
relevant authority
has determined a period in accordance with Article 21(1)(d)
at least 50% of
the minimum rate of on-the-spot checks provided for in Article 32
or Article 33
shall
may
be spread throughout that period for the
respective animal aid scheme or
animal-related support measure.
However, where the retention period starts before
an aid application or
a
payment claim has been submitted or where it cannot be fixed in advance,
the relevant authority
may decide that the on-the-spot checks provided for in Article 32
or 33
shall
may
be spread over the period in which an animal may qualify for the payment or support.
Where the
relevant authority
makes use of the possibility provided for in Article 21(3), the potentially eligible animals as defined in point (17) of the second subparagraph of Article 2(1) of Delegated Regulation (EU) No 640/2014 shall also be checked.
On-the-spot checks shall include in particular a check that the number of animals present on the holding for which
aid applications and/or
payment claims have been submitted and, where applicable, the number of potentially eligible animals corresponds to the number of animals entered in the registers and to the number of animals notified to the computerised database for animals.
2.
On-the-spot checks shall also include checks:
1. of the correctness and coherence of entries in the register and the notifications to the computerised database for animals on the basis of a sample of supporting documents such as purchase and sales invoices, slaughter certificates, veterinary certificates and, where applicable, animal passports or movement documents, in relation to animals for which aid applications or payment claims were submitted in the six months prior to the on-the-spot check; however if anomalies are found, the check shall be extended to 12 months prior to the on-the-spot check;
2. that bovine or ovine/caprine animals are identified by ear tags or other means of identification, accompanied, where applicable, by animal passports or movement documents and that they are recorded in the register and have been duly notified to the computerised database for animals.
The checks referred to in point (b) of the first subparagraph may be made on the basis of a random sample. When this sample check reveals any non-compliance, all animals shall be checked, or conclusions from the sample shall be extrapolated.
Inserted by Commission Implementing Regulation (EU) 2015/2333 of 14 December 2015 amending Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance.
Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(ii)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(ii)(cc) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(i)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(i)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(ii)(ff) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(38)(a)(ii); and words in Art. 42(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(ii)(ee) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 42(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(ii)(dd) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(iv) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(38)(b); and words in Art. 42(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 42(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(38)(a); and words in Art. 42(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(39)(a)(ii)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 8(28)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 42 omitted (E.) (1.1.2021 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 7(15)
Word in Art. 42(1) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(25)(b); and word in Art. 42(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(18)(b)
Words in Art. 42(1) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 4(25)(a); and words in Art. 42(1) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 4(18)(a)
Words in Art. 42(1) omitted (E.) (28.7.2022 in so far as it relates to rural development support measures) by virtue of The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 11(8)