Control of Cross-Compliance
Rules for the implementation of cross compliance are established by Regulation (EU) No 1306/2013 of 17 December 2013, Commission Delegated Regulation (EU) No. 640/2014 of 11 March 2014 and Commission Implementing Regulation (EC) No 809/2014 of 17 july 2004.
Depending on the requirements, standards, acts or areas of cross-compliance in question, Member States may decide to carry out administrative checks. Art. 96(2), Regulation (EU) No 1306/2013
Member States are required to carry out on-the-spot checks on at least 1% of the total number of beneficiaries for which the competent control authority is responsible.
The sample of farmers to be checked shall be selected using a risk analysis
from the farmers already selected for on-the-spot checks of area related aid schemes, greening payment, rural development measures and animal aid schemes to whom the relevant requirements and standards apply. Art. 69(5) Commission Implementing Regulation (EC) No 809/2014
By way of derogation, the samples of beneficiaries to be checked on the spot may be selected at the minimum rate of 1 %, separately from each of the following populations of beneficiaries who are under the cross-compliance obligations:
- beneficiaries receiving direct payments;
- beneficiaries receiving support for "Restructuring and conversion of vineyards" and "Green harvesting" in the wine sector;
- beneficiaries receiving annual premia for afforestation and creation of woodland, establishment of agroforestry systems, agri-environment-climate measures, organic farming, Natura 2000 and Water Framework Directive payments, payments to areas facing natural or other specific constraints, animal welfare payments and Forest-environmental and climate services and forest conservation in the rural development programmes.
Minimum control rate for OTS checks
Rules about the minimum control rate and the selection of the sample for cross compliance on-the-spot checks are described in articles 68 and 69 of the Commission Implementing Regulation (EC) No 809/2014.
The minimum control rate of at least 1% may be reached at the level of:
- each competent control authority;
- each act (in this case the farmer is checked with regard to the compliance with the act);
- each standard (in this case the farmer is checked with regard to the compliance with the standard);
- each group of acts or standards (in this case the farmer is checked with regard to the compliance with the group of acts or standards).
Where the legislation applicable to the act and standards already fixes a minimum control rate, that rate shall be applied instead of the minimum 1% rate. Alternatively, Member States may decide that any instances of non-compliance detected in the course of any on-the-spot checks under the legislation applicable to the acts and standards which are carried out outside the sample referred to in the first subparagraph, shall be reported to, and followed up by, the competent control authority in charge of the act or standard concerned.
The selection of the sample of farms to be controlled with on-the-spot checks shall be based on a risk analysis.
Should on-the-spot checks reveal a significant degree of non-compliance with a given act or standard, the number of on-the-spot checks to be carried out for that act or standard in the following control period shall be increased. Within a specific act the competent control authority may decide to limit the scope of those further on-the- spot checks to the most frequently infringed requirements.
Time of the OTS checks
Each farmer selected shall be controlled at a time when most requirements and standards may be checked (anyway during the year Member States shall assure an appropriate level of control for all requirements and standards). As a general rule, the checks shall be carried out as part of one control visit, they shall verify all requirements and standards that can be checked at the time of that visit and identify cases to be submitted for further checks.
On-the-spot checks related to cross compliance shall be carried out within the same calendar year where the aid applications are submitted (Cf. art. 71 of Commission Implementing Regulation (EC) No 809/2014).
Inspection in the field
On-the-spot checks cover all the agricultural land of the holdings. Nevertheless, the actual inspection in the field may be limited to a sample of at least half of the parcels concerned by the requirement or standard (the sample shall guarantee a reliable and representative level of control). If the sample reveals non-compliance, the sample of parcel actually inspected shall be increased (Cf. art. 71(2) of Commission Implementing Regulation (EC) No 809/2014).
Where appropriate, the on-the-spot checks may be carried out by applying remote-sensing techniques.