SECTION 1 — Derogations from Implementing Regulation (EU) 2017/892
1. By way of derogation from Article 24 of Implementing Regulation (EU) 2017/892, on-the-spot-checks regarding recognition criteria shall not apply for the year 2022.
2. By way of derogation from Article 27(2) of Implementing Regulation (EU) 2017/892, in the year 2022, 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 2021.
3. 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 2022.
4. By way of derogation from Article 29(2) of Implementing Regulation (EU) 2017/892, in the year 2022, Member States may check for all withdrawn products, irrespective of their intended destination, a smaller percentage than that laid down in that provision, provided it is not less than 10 % of the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.
5. By way of derogation from Article 30(3) of Implementing Regulation (EU) 2017/892, in the year 2022, each check shall include a sample representing at least 3 % of the quantities withdrawn by the producer organisation during the marketing year 2021.
6. By way of derogation from Articles 27(2) and (7), 29(2), 30(3) and 31(1) and (2) of Implementing Regulation (EU) 2017/892, in the year 2022, where the measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out on-the-spot-checks in accordance with those provisions, the on-the-spot-checks may be replaced by other types of checks to be defined by Member States, such as geotagged photos, dated photographs, dated drone surveillance reports, administrative checks or videoconferences with the beneficiaries.
SECTION 2 — Derogations from Implementing Regulation (EU) 2016/1150
1. By way of derogation from Articles 32(1) and 42(3) of Implementing Regulation (EU) 2016/1150, during the financial year 2022, where the measures put in place to address the pandemic of COVID-19 prevent 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 2022, where the measures put in place to address the pandemic of COVID-19 prevent 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 2022.
SECTION 3 — Derogations from Implementing Regulation (EU) 2018/274
1. By way of derogation from Article 27(3) of Implementing Regulation (EU) 2018/274, where the measures put in place to address the pandemic of COVID-19 prevent Member States during the period of the grape harvest in the year 2022 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 Article 31(2), point (b), of Implementing Regulation (EU) 2018/274, where the measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out on-the-spot checks in the year 2022 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 Article 31(2), point (c), of Implementing Regulation (EU) 2018/274, Member States may in the year 2022 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 measures put in place to address the pandemic of COVID-19 prevent Member States from carrying out such checks.
SECTION 4 — Derogations from Implementing Regulation (EU) No 615/2014
By way of derogation from Article 6 of Implementing Regulation (EU) No 615/2014, where the measures put in place to address the pandemic of COVID-19 prevent Member States to carry out in due time the on-the-spot checks in calendar year 2022, Member States may decide to partially or fully substitute on-the-spot checks by administrative checks or by the use of relevant evidence including geotagged photos, video conversations or other evidence in electronic format.
SECTION 5 — Derogations from Implementing Regulation (EU) 2015/1368
By way of derogation from Article 8(3) of Implementing Regulation (EU) 2015/1368, during apiculture year 2022 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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
