TITLE IVU.K.NON-AREA-RELATED AND NON-ANIMAL-RELATED RURAL DEVELOPMENT MEASURES

CHAPTER IIU.K.Checks

Section 2U.K.Provisions for checks

Article 52EEx-post checks

1.Ex-post checks shall be carried out on investment operations to verify the respect of commitments pursuant to Article 71 of Regulation (EU) No 1303/2013 or detailed in the rural development programme.

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3.The sample for operations to be checked in accordance with paragraph 1 shall be based on an analysis of the risks and financial impact of different operations, types of operations or measures. F2...

Extent Information

E1This version of this provision applies to England only; separate versions have been created for Northern Ireland and Wales and Scotland

Textual Amendments

F1Art. 52(2) 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(10)(a)

F2Words in Art. 52(3) 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(10)(b)

Article 52WEx-post checks

1.Ex-post checks shall be carried out on investment operations to verify the respect of commitments pursuant to Article 71 of Regulation (EU) No 1303/2013 or detailed in the rural development programme.

2.The ex-post checks shall cover in each calendar year at least 1 % of [F3rural development support] expenditure for investment operations that are still subject to commitment as referred to in paragraph 1 and for which the final payment has been made from the [F3rural development support]. Only checks carried out until the end of the calendar year in question shall be taken into account.

3.The sample for operations to be checked in accordance with paragraph 1 shall be based on an analysis of the risks and financial impact of different operations, types of operations or measures. [F4A sample shall be selected randomly.]

Extent Information

E2This version of this provision applies to Wales only; separate versions have been created for England and Northern Ireland and Scotland

Textual Amendments

F3Words in Art. 52(2) 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(46); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 52(3) 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(24)

Article 52SEx-post checks

1.Ex-post checks shall be carried out on investment operations to verify the respect of commitments pursuant to Article 71 of Regulation (EU) No 1303/2013 or detailed in the rural development programme.

2.The ex-post checks shall cover in each calendar year at least 1 % of [F5rural development support] expenditure for investment operations that are still subject to commitment as referred to in paragraph 1 and for which the final payment has been made from the [F5rural development support]. Only checks carried out until the end of the calendar year in question shall be taken into account.

[F6By way of derogation from the first sub-paragraph, the control rate for ex-post checks shall be at least 0.6 % in calendar year 2021. In calendar year 2021, no physical inspection is required for ex-post checks. The competent authority will draw a definitive conclusion from the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including such evidence provided by the beneficiary at the request of the competent authority.]

3.The sample for operations to be checked in accordance with paragraph 1 shall be based on an analysis of the risks and financial impact of different operations, types of operations or measures. Between 20 % and 25 % of the sample shall be selected randomly.

Extent Information

E3This version of this provision extends to Scotland only; separate versions have been created for England and Northern Ireland and Wales

Textual Amendments

F5Words in Art. 52(2) 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(46); 2020 c. 1, Sch. 5 para. 1(1)

Article 52N.I.Ex-post checks

1.Ex-post checks shall be carried out on investment operations to verify the respect of commitments pursuant to Article 71 of Regulation (EU) No 1303/2013 or detailed in the rural development programme.

2.The ex-post checks shall cover in each calendar year at least 1 % of [F7rural development support] expenditure for investment operations that are still subject to commitment as referred to in paragraph 1 and for which the final payment has been made from the [F7rural development support]. Only checks carried out until the end of the calendar year in question shall be taken into account.

3.The sample for operations to be checked in accordance with paragraph 1 shall be based on an analysis of the risks and financial impact of different operations, types of operations or measures. Between 20 % and 25 % of the sample shall be selected randomly.

Extent Information

E4This version of this provision applies to Northern Ireland only; separate versions have been created for England and Wales and Scotland

Textual Amendments

F7Words in Art. 52(2) 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(46); 2020 c. 1, Sch. 5 para. 1(1)