By way of derogation from Articles 24(4), 48(5), 49(1), 52(1), Article 60(2), third subparagraph, and Article 71(3) of Implementing Regulation (EU) No 809/2014, due to the measures put in place to address the pandemic of COVID-19, for checks to be carried out in respect of claim year 2021 or calendar year 2021 respectively, Member States may decide to fully substitute the physical inspections to be carried out under that Regulation, in particular field visits and on-the-spot checks, by the use of photo-interpretation of satellite or aerial ortho-images or the use of new technologies such as geotagged photos or other relevant evidence including documentary evidence provided by the beneficiary at the request of the competent authority, which could permit definitive conclusions to be drawn to the satisfaction of the competent authority.
If the visits to the operation supported or the investment site referred to in Article 48(5) of Implementing Regulation (EU) No 809/2014 cannot be substituted by relevant documentary evidence, Member States shall carry out those visits after the final payment is effected.
By way of derogation from Articles 26(4) and 42(1) of Implementing Regulation (EU) No 809/2014, where due to the measures put in place to address the pandemic of COVID-19 Member States are not in a position to carry out on-the-spot checks within the timeframe required by those provisions, and the alternative methods including the use of new technologies cannot provide the necessary evidence, Member States may decide to carry out those checks in respect of claim year 2021 or calendar year 2021 respectively at any time of the year, in so far that they still allow the checking of the eligibility conditions.
1. Where due to the measures put in place to address the pandemic of COVID-19, Member States are not in a position to carry out on-the-spot checks in claim year 2021 or calendar year 2021 respectively, in accordance with the requirements set out in Articles 30 to 33, 35, Article 40a(1), first subparagraph, point (c), Article 40a(2), point (b), Article 50(1), first subparagraph, Article 50(5), Article 52(2), Article 60(2), third subparagraph, Article 68(1), first subparagraph, and Article 68(4) of Implementing Regulation (EU) No 809/2014, Member States may decide to apply the rules set out in paragraphs 2 to 13 respectively of this Article.
2. By way of derogation from Article 30 of Implementing Regulation (EU) No 809/2014, in claim year 2021, the control rate shall be at least:
(a)
3 % of all beneficiaries applying for the basic payment scheme or the single area payment scheme;
(b)
3 % of all beneficiaries applying for the redistributive payment;
(c)
3 % of all beneficiaries applying for the payment for areas with natural constraints;
(d)
3 % of all beneficiaries applying for the payment for young farmers;
(e)
3 % of all beneficiaries applying for area-related payments under voluntary coupled support;
(f)
3 % of all beneficiaries applying for the payment under the small farmers scheme;
(g)
10 % of the areas declared for the production of hemp;
(h)
3 % of all beneficiaries applying for the crop specific payment for cotton.
Member States that have already decided to reduce the control rates for certain schemes to 3 % in accordance with Article 36 of Implementing Regulation (EU) No 809/2014, may further reduce the percentages set out for those schemes in this paragraph to 1 %.
3. By way of derogation from Article 31 of Implementing Regulation (EU) No 809/2014, in claim year 2021, the control rate shall be at least:
(a)
3 % of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment;
(b)
1 % of:
(i)
either all beneficiaries qualifying for the greening payment who are exempted from both the crop diversification and the ecological focus area obligations by not meeting the thresholds referred to in Articles 44 and 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligations referred to in Article 45 of that Regulation;
(ii)
or in the years where Article 44 of Commission Delegated Regulation (EU) No 639/2014 ( 16 ) does not apply in a Member State, the beneficiaries qualifying for the greening payment who are exempted from both the crop diversification and the ecological focus area obligations by not meeting the thresholds referred to in Articles 44 and 46 of Regulation (EU) No 1307/2013 and who are not concerned by the obligation referred to in Article 45(1) of that Regulation;
(c)
3 % of all beneficiaries required to observe the greening practices and using national or regional environmental certification schemes as referred to in Article 43(3), point (b), of Regulation (EU) No 1307/2013.
The control rate referred to in the first subparagraph, point (a), shall, at the same time, cover at least 3 % of all beneficiaries having areas covered with permanent grasslands that are environmentally sensitive in areas covered by Council Directive 92/43/EEC ( 17 ) or Directive 2009/147/EC of the European Parliament and of the Council ( 18 ) and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013.
4. By way of derogation from Article 32 of Implementing Regulation (EU) No 809/2014, in claim year 2021, the control rate shall be at least:
(a)
3 % of all beneficiaries applying for rural development measures;
(b)
3 % of all collectives submitting a collective claim.
The control rate referred to in the first subparagraph, point (a), for the measures provided for in Articles 28 and 29 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council ( 19 ) , the control rate of 3 % shall be achieved at the level of the individual measure.
5. By way of derogation from Article 33 of Implementing Regulation (EU) No 809/2014, in claim year 2021, the control rate shall be at least 3 % of all beneficiaries applying for animal aid schemes covering at least 3 % of animals.
6. By way of derogation from Article 35 of Implementing Regulation (EU) No 809/2014, Member States may decide to postpone the increase of the control rate that should have been applied in claim year 2021 for the aid schemes and support measures referred to in paragraphs 2 to 5 of this Article and replace it with a corresponding increase in respect of claim year 2022.
7. By way of derogation from Article 40a(1), first subparagraph, point (c), first sentence, of Implementing Regulation (EU) No 809/2014, the relevant checks relating to the eligibility criteria, commitments and other obligations shall be carried out for at least 3 % of the beneficiaries concerned.
8. By way of derogation from Article 40a(2), point (b), of Implementing Regulation (EU) No 809/2014, the verifications of tetrahydrocannabinol content in hemp shall be made for at least 10 % of the area.
9. By way of derogation from Article 50(1), first subparagraph and Article 60(2), third subparagraph, of Implementing Regulation (EU) No 809/2014, in calendar year 2021, the rate of checks shall be at least 3 %.
10. By way of derogation from Article 50(5) of Implementing Regulation (EU) No 809/2014, Member States may decide to postpone the increase of the control rate that should have been applied in calendar year 2021 and replace it with a corresponding increase in respect of calendar year 2022.
11. By way of derogation from Article 52(2) of Implementing Regulation (EU) No 809/2014, the control rate, in calendar year 2021, for ex post checks shall be at least 0,6 %.
12. By way of derogation from Article 68(1), first subparagraph, of Implementing Regulation (EU) No 809/2014, the minimum control rate, in claim year 2021, for cross-compliance shall be 0,5 %.
13. By way of derogation from Article 68(4) of Implementing Regulation (EU) No 809/2014, Member States may decide to postpone the increase in control rates that should have been applied in claim year 2021 and replace it with a corresponding increase in respect of claim year 2022.
For Member States applying Articles 1, 2 and 3, the management declaration to be drawn up pursuant to Article 7(3), first subparagraph, point (b), of Regulation (EU) No 1306/2013 shall include for financial years 2021 and 2022 a confirmation that overpayments to beneficiaries were prevented and the recovery of undue amounts has been instigated based on the verification of all necessary information.
