Commission Implementing Regulation (EU) 2020/532Show full title

CHAPTER III U.K. DEROGATIONS FROM RULES IMPLEMENTING THE COMMON ORGANISATION OF THE MARKETS

SECTION 1 U.K. Derogation from Implementing Regulation (EU) 2017/892

Article 14 U.K.

1. By way of derogation from Article 27(2) of Implementing Regulation (EU) 2017/892:

(a) in the year 2020, the on-the-spot checks referred to in Article 27 of that Regulation shall relate to a sample representing at least 10 % of the total aid applied for the year 2019;

(b) the rule that each producer organisation or association of producer organisations implementing an operational programme shall be visited at least once every 3 years shall not apply for the on-the-spot-checks conducted in the year 2020.

2. By way of derogation from Article 27(7) of Implementing Regulation (EU) 2017/892, the rule that actions on individual holdings of members of producer organisations covered by the sample referred to in Article 27(2) of that Regulation shall be subject of at least one visit to the place where the action is implemented to verify its execution shall not apply for the on-the-spot-checks conducted in the year 2020.

3. By way of derogation from Article 29(2) of Implementing Regulation (EU) 2017/892, in the year 2020, Member States may check for all withdrawn products, irrespective of their intended destination, a smaller percentage than that laid down in that provision, provided it is not less than 10 % of the quantities concerned during the marketing year of any given producer organisation. The check may take place at the premises of the producer organisation or at the sites of the recipients of the products. In the event that the checks reveal irregularities, Member States shall carry out additional checks.

4. By way of derogation from Article 30(3) of Implementing Regulation (EU) 2017/892, in the year 2020, each check shall include a sample representing at least 3 % of the quantities withdrawn by the producer organisation during the marketing year 2019.

SECTION 2 U.K. Derogations from Implementing Regulation (EU) 2016/1150

Article 15 U.K.

1. By way of derogation from Articles 32(1) and 42(3) of Implementing Regulation (EU) 2016/1150, during the financial year 2019-2020, where the crisis due to the pandemic of COVID-19 prevents Member States from carrying out on–the-spot checks in accordance with those provisions, such checks may be replaced by other types of controls to be defined by Member States, such as dated photographs, dated drone surveillance reports, administrative checks or videoconferences with the beneficiaries, guaranteeing that the rules relating to the support programmes in the wine sector are respected.

2. By way of derogation from Article 43(3) of Implementing Regulation (EU) 2016/1150, during the financial year 2019-2020, where the crisis due to the pandemic of COVID-19 prevents Member States from carrying out on–the-spot checks in accordance with that provision, such checks on green harvesting operations shall take place by 15 September 2020.

SECTION 3 U.K. Derogations from Implementing Regulation (EU) 2018/274

Article 16 U.K.

1. By way of derogation from Article 27(3) of Implementing Regulation (EU) 2018/274, where the crisis due to the pandemic of COVID-19 prevents Member States during the period of the grape harvest in the year 2020 from collecting and processing fresh grapes to the extent of the number of samples set out in Part II of Annex III to that Regulation, Member States may derogate from that number of samples.

2. By way of derogation from point (b) of Article 31(2) of Implementing Regulation (EU) 2018/274, where the crisis due to the pandemic of COVID-19 prevents Member States from carrying out on-the-spot checks in the year 2020 in accordance with that provision, Member States shall carry out such checks on at least 3 % of all wine growers identified in the vineyard register.

3. By way of derogation from point (c) of Article 31(2) of Implementing Regulation (EU) 2018/274, Member States may in the year 2020 temporarily suspend systematic on-the-spot checks carried out in areas planted with vines which are not included in any wine grower file in cases where the crisis due to the pandemic of COVID-19 prevents Member States from carrying out such checks.

SECTION 4 U.K. Derogation from Implementing Regulation (EU) 2017/39

Article 17 U.K.

By way of derogation from the first subparagraph of Article 10(2) of Implementing Regulation (EU) 2017/39, with regard to school year 2018/2019, Member States may continue to carry out on-the-spot checks until 15 October 2020.

SECTION 5 U.K. Derogations from Implementing Regulation (EU) 2015/1368

Article 18 U.K.

By way of derogation from Article 8(3) of Implementing Regulation (EU) 2015/1368, during apiculture year 2020 Member States may decide to deviate from the 5 % threshold regarding on-the-spot checks of applicants for aid within the framework of their apiculture programme provided that they replace the planned on-the-spot checks by alternative checks via requesting photographs, via video conversations or through any other means that could serve as support when verifying the correct implementation of the measures included in the apiculture programme.

SECTION 6 U.K. Derogations from Implementing Regulation (EU) 2016/1240

Article 19 U.K.

1. By way of derogation from Article 60(1) and (2) of Implementing Regulation (EU) 2016/1240, where due to the measures put in place to address the pandemic of COVID-19 the paying agency is not in a position to carry out in due time the on-the-spot and physical checks referred to in Article 60(1) and (2) of that Regulation, for the products stored pursuant to Implementing Regulation (EU) 2019/1882, the Member State concerned may decide to extend the period to carry out the checks by up to 30 days after the end of those measures or to fully substitute on-the-spot checks during the period when those measures are in place by the use of relevant evidence, including geotagged photos or other evidence in electronic format.

2. By way of derogation from Article 60(5) of Implementing Regulation (EU) 2016/1240, where due to the measures put in place to address the pandemic of COVID-19, the paying agency is not in a position to verify on-the-spot the presence and integrity of the seals, for the products stored pursuant to Implementing Regulation (EU) 2019/1882, the Member State concerned may decide to fully substitute on-the-spot verification during the period when those measures are in place by the use of relevant evidence, including geotagged photos or other evidence in electronic format.