Risk analysis for cross compliance
Rules about risk analysis for cross-compliance are defined by the article 69 of the Commission Implementing Regulation (EC) No 809/2014.
In order to select the sample of farms to be controlled with on-the-spot checks for their compliance with requirements and standards (the so-called cross-compliance) a risk analysis shall be performed.
This shall be based on a risk analysis:
- according to the applicable legislation; OR
- appropriate to the requirements or standards.
The risk analysis may be based on the level of:
- An individual farm;
- Categories of farms;
- Geographical zones.
The risk analysis may take into account a farmer’s participation in:
- the farm advisory system; AND/OR
- a certification system (if the system is relevant for the requirements and standards concerned).
On the basis of a risk analysis farmers participating in a certification system may be excluded from the risk-based sample. If the certification scheme only covers part of the requirements and standards under cross-compliance, appropriate risk factors shall be applied for the requirements and standards not covered by the certification system.
Between 20% and 25% of farmers to be subject to on-the-spot checks shall be selected randomly (if the farmers to be selected for on-the-spot check exceed 1%, the percentage of farmers in the randomly selected farmers in the additional sample should not exceed 25%).
The sample of farmers to be checked shall be selected 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. However, this possibility does not apply to the control of beneficiaries under the support schemes for "Restructuring and conversion of vineyards" and "Green harvesting" measures in the wine sector.
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.
(Cf. Control of Cross-Compliance )
A partial selection of the control sample may be made before the end of the application period. This provisional sample shall be completed when all relevant application are available.