Control system as regards cross-compliance
1. Member States shall establish a system guaranteeing effective control of the respect of cross-compliance. That system shall, in particular provide for:
(a)
where the competent control authority is not the paying agency, the transfer of the necessary information concerning the beneficiaries referred to in Article 92 of Regulation (EU) No 1306/2013 from the paying agency to the specialised control bodies and/or, where applicable, via the coordinating authority;
(b)
the methods to be applied for the selection of control samples;
(c)
indications with regard to the nature and extent of the checks to be carried out;
(d)
control reports containing in particular any detected non-compliance and an assessment of its severity, extent, permanence and reoccurrence;
(e)
where the competent control authority is not the paying agency, the transfer of the control reports from the specialised control bodies either to the paying agency or the coordinating authority or both;
(f)
the application of the system of reductions and exclusions by the paying agency.
2. Member States may provide for a procedure according to which the beneficiary indicates to the paying agency the elements necessary to identify the requirements and standards applicable to him.
Payment of aid in relation to checks of cross-compliance
With regard to checks of cross-compliance where such checks cannot be finalised before payments and annual premia referred to in Article 92 of Regulation (EU) No 1306/2013 are received by the beneficiary concerned, the amount due to be paid by the beneficiary as a result of any administrative penalty shall be recovered in accordance with Article 7 of this Regulation or by offsetting.
Responsibility of the competent control authority
1. The responsibilities of the competent control authorities shall be as follows:
(a)
the specialised control bodies shall bear the responsibility for carrying out the control and checks on the respect of the requirements and standards in question;
(b)
the paying agencies shall bear the responsibility for fixing administrative penalties in individual cases in accordance with Chapter II of Title IV of Delegated Regulation (EU) No 640/2014 and Chapter III of this Title.
2. By way of derogation from paragraph 1, Member States may decide that the control and checks in relation to all or certain requirements, standards, acts, or areas of cross-compliance are to be carried out by the paying agency, provided that the Member State guarantees that the effectiveness of the control and checks is at least equal to that achieved when the control and checks are carried out by a specialised control body.
