Legislation – The Direct Payments to Farmers (Controls and Checks) (Amendment) (Coronavirus) Regulations (Northern Ireland) 2020

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Introduction

1 Citation, commencement and interpretation

2 Amendment of Regulation 809/2014

Signature

Explanatory note

Amendment of Regulation 809/20142.

(1)

Commission Implementing Regulation (EU) No. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance3 is amended in accordance with paragraphs (2)-(7).

(2)

In Article 24(4), at the end insert the subparagraph—

“By way of derogation from the first subparagraph, the competent authority may, fully substitute the physical inspections to be carried out under this Regulation in respect of claim year 2020 by the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including evidence provided by the beneficiary, such as geo-tagged photos, which could permit definitive conclusions to be drawn to the satisfaction of the competent authority.”

(3)

In Article 26(4), at the end insert the subparagraph—

“In respect of claim year 2020, checks under this paragraph may be carried out by the use of new technologies, including geo-tagged photos, or other relevant evidence, as well as remote sensing.”

(4)

After Article 30, insert—

“Article 30aControl rates for claim year 2020

1.

By way of derogation from Article 30, the control samples for on-the-spot checks in respect of claim year 2020 must cover at least:

(a)

1% of all beneficiaries applying for the basic payment scheme;

(b)

3% of all beneficiaries applying for the payment for young farmers.”

(5)

After Article 31, insert—

“Article 31aControl rate for the greening payment in claim year 2020

1.

By way of derogation from Article 31, the control sample for on-the-spot checks for the greening payment in respect of claim year 2020 is 3% of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment.

2.

The control rate in paragraph 1 must include 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 or Directive 2009/147/EC of the European Parliament and of the Council and further sensitive areas referred to in Article 45(1) of EUR 2013/1307.”

(6)

In Article 33a, after paragraph 2, insert the following paragraph—

“3.

Paragraphs 1 and 2 do not apply in respect of claim year 2020.”

(7)

In Article 68(1), after the second subparagraph, insert the subparagraph—

“For the purposes of checks in respect of claim year 2020, the first subparagraph applies as if for “1%” there were substituted “0.5%””

3

EUR 2014/809 in so far as relating to the direct payment schemes, was incorporated into domestic law with effect from 11pm on 31 January 2020 (“exit day”) by the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c.2) and amended by regulation 14 of the Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 S.I. 2020/90. There are other amending instruments but none are relevant to these Regulations.