Due to the current pandemic of COVID-19 and the extensive movement restrictions put in place in the Member States, exceptional administrative difficulties have been encountered in all Member States with the planning and execution of timely on-the-spot checks to the required number. Those difficulties risk delaying the performance of the checks and the ensuing payment of aid. At the same time, farmers are vulnerable to the economic disruptions caused by the pandemic and experience financial difficulties and cash-flow problems.

In view of the unprecedented nature of those circumstances, it is necessary to alleviate those difficulties by derogating from different Implementing Regulations applicable in the area of the common agricultural policy as regards certain administrative and on-the-spot checks.

Article 9 of Implementing Regulation (EU) No 809/2014 requires Member States to notify the Commission by 15 July of each year of the control data and control statistics covering the previous calendar year for all direct payment schemes, rural development measures and technical assistance and support schemes in the wine sector, of subsequent modifications to the report in respect of the options chosen for the control of the cross-compliance requirements and the competent control bodies responsible for the checks of the cross-compliance requirements and standards and of the report in respect of the measures taken for the administration and the control of the voluntary coupled support concerning the previous calendar year. In view of the current situation, it is appropriate to extend that deadline this year to 15 September 2020.

Article 24(4) of Implementing Regulation (EU) No 809/2014 requires the competent authority to carry out physical inspections in the field whenever photo-interpretation of satellite or aerial images does not provide conclusive results on compliance with eligibility criteria or the correct size of the area that is the subject of administrative or on-the-spot checks. In view of the current unprecedented circumstances, it is appropriate to encourage the performance of checks with remote sensing and the use of new technologies such as unmanned aircraft systems, geo-tagged photographs, global navigation satellite system (GNSS) receivers combined with the European Geostationary Navigation Overlay Service (EGNOS) and Galileo, data captured by the Copernicus Sentinels satellites and other relevant documentary evidence to be used for checking compliance with eligibility criteria, commitments or other obligations for the aid scheme or support measure concerned, as well as compliance with the requirements and standards relevant for cross-compliance.

Article 42(1) of Implementing Regulation (EU) No 809/2014 contains rules on on-the-spot checks to verify that all eligibility criteria, commitments and other obligations are fulfilled covering 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. In view of the current situation, it is appropriate to provide that where Member States are not in a position to carry out those on-the-spot checks as required by that provision, Member States may decide to carry out those checks in respect of claim year 2020 at any time of the year, in so far that they still allow the checking of the eligibility conditions.

For non-area-related and non-animal-related rural development measures Article 48(5) of Implementing Regulation (EU) No 809/2014 provides that administrative checks on investment operations are to include at least one visit to the operation supported or the investment site to verify the realisation of the investment. In view of the current circumstances, it is appropriate to provide that where Member States are not in a position to carry out any visits before granting the final payments, Member States may decide to substitute such visits, as long as the measures put in place to address the pandemic of COVID-19 apply, by any relevant documentary evidence.

Articles 50(1), 60(2) and 52(2) of Implementing Regulation (EU) No 809/2014 contain rules for on-the-spot checks and ex-post checks for non-area-related and non-animal-related rural development measures. In view of the current circumstances, Member States should be allowed to reduce the number of those checks or substitute on-the-spot checks by relevant documentary evidence.

The confinement rules decided in certain Member States for the purpose of protecting public health provided for extensive movement restrictions and thus prevented the actual execution of on-the-spot checks in cases where inspectors were subject to constraints making it impossible to visit beneficiaries or physically reach the farms. Considering the unprecedented nature of these circumstances, it should exceptionally be accepted, in relation to the year 2019, that a lower rate of checks was executed in those Member States. In order to ensure transparency and equal treatment, the acceptance of the lower rate of checks for claim year 2019 and, in the case of the non-area and non-animal related rural development measures for calendar year 2019, should be limited to cases where large scale movement restrictions were in place, in particular with a clear date on which the confinement started to apply, and which prevented the completion of the relevant checks.

The derogations from Implementing Regulation (EU) No 809/2014 provided for in this Regulation should enable Member States to avoid delays in the control measures and processing of aid applications, and thus avoid delays of payments to beneficiaries for the year 2020. Member States using those derogations should endeavour to use alternative sources of evidence, which may include the use of documentary checks, the use of new technologies or reliable evidence provided by the beneficiary, to replace the information normally obtained from the checks that would have been carried out under normal circumstances. It is however imperative that those derogations do not impede the sound financial management and the requirement of a sufficient level of assurance. Accordingly, Member States making use of those derogations are responsible for taking all necessary measures to ensure that overpayments are avoided and that the recovery of undue amounts is instigated. Moreover, the use of these derogations should be covered by the management declaration referred to in point (b) of the first subparagraph of Article 7(3) of Regulation (EU) No 1306/2013 for financial years 2020 and 2021.

Article 29(2) of Implementing Regulation (EU) 2017/892 provides that the first-level checks on withdrawal operations is to cover 100 % of the quantity of the products withdrawn from the market, with the exception of products intended for free distribution, for which pursuant to Article 29(3) of that Regulation Member States could check a smaller percentage, but not less than 10 % of the quantities concerned during the marketing year of any given producer organisation. Due to the measures put in place to address the pandemic of COVID-19, Member States may not be able to meet this requirement and should be allowed in the year 2020 to check a smaller percentage, but not less than 10 % of the quantities concerned during the marketing year of any given producer organisation also for all other withdrawn products, irrespective of their intended destination.

Article 30(3) of Implementing Regulation (EU) 2017/892 provides that each check is to include a sample representing at least 5 % of the quantities withdrawn by the producer organisation during the marketing year. Due to the measures put in place to address the pandemic of COVID-19, Member States may not be able to meet this requirement and should be allowed in the year 2020 to use samples representing at least 3 % of the quantities withdrawn by the producer organisation during the marketing year 2019.

For the same reason, it is also going to be materially impossible for Member States to carry out in respect of financial year 2019-2020, within the deadline set by Article 43(3) of Implementing Regulation (EU) 2016/1150, systematic on-the-spot checks for green harvesting operations supported under Article 47 of Regulation (EU) No 1308/2013. Therefore, a derogation should be introduced to postpone the completion of the checks until 15 September 2020.

Article 31(2)(b) of Implementing Regulation (EU) 2018/274 provides that Member States are to carry out yearly on-the-spot checks on at least 5 % of all wine growers identified in the vineyard register. In cases where the crisis due to the pandemic of COVID-19 prevents such checks in several wine producing Member States over a long period of time, this percentage should be reduced for the year 2020. This derogation should apply irrespective of whether Member States have put into place measures to address the pandemic of COVID-19. For the same reason, Member States should be allowed to temporarily suspend the systematic on-the-spot checks referred to in Article 31(2)(c) of that Regulation which are to be carried out in areas planted with vines which are not included in any wine grower file in the year 2020.

The Committee on the Agricultural Funds, the Committee for Direct Payments, the Rural Development Committee and the Committee for the Common Organisation of the Agricultural Markets have not delivered an opinion within the time limit laid down by the chair,