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embedded in this document  
►B COMMISSION IMPLEMENTING REGULATION (EU) No 809/2014  
of 17 July 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 compliance  
(OJ L 227, 31.7.2014, p. 69)  
Amended by:  
Official Journal  
No page  date  
►M1 Commission Implementing Regulation (EU) 2015/2333 of 14 
December 2015  L 329  1  15.12.2015  
►M2 Commission Implementing Regulation (EU) 2016/1394 of 16 August 
2016  L 225  50  19.8.2016  
►M3 Commission Implementing Regulation (EU) 2017/1172 of 30 June 
2017  L 170  87  1.7.2017  
►M4 Commission Implementing Regulation (EU) 2017/1242 of 10 July 2017  L 178  4  11.7.2017  
►M5 Commission Implementing Regulation (EU) 2018/709 of 14 May 2018  L 119  29  15.5.2018  
►M6 Commission Implementing Regulation (EU) 2018/746 of 18 May 2018  L 125  1  22.5.2018  02014R0809 — EN — 16.05.2018 — 005.001 — 1
02014R0809 — EN — 16.05.2018 — 005.001 — 2  
COMMISSION IMPLEMENTING REGULATION (EU) No 
809/2014  
of 17 July 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 compliance  
TITLE I  
GENERAL PROVISIONS  
Article 1  
Scope  
This Regulation lays down rules for the application of Regulation (EU) 
No 1306/2013 in relation to:  
(a) notifications to be made by the Member States to the Commission 
in accordance with their obligations to protect the financial interests 
of the Union;  
(b) administrative and on-the-spot checks to be carried out by the 
Member States with regard to the respect of eligibility criteria, 
commitments and other obligations;  
(c) the minimum level of on-the-spot checks and on the obligation to 
increase that level or the possibility of reducing it;  
(d) the reporting of the checks and verifications carried out and their 
results;  
(e) the authorities responsible for carrying out checks for compliance 
as well as to the content of such checks;  
(f) specific control measures and methods for determining tetrahydro ­
cannabinol levels in hemp;  
(g) the establishment and operation of a system for the verification of 
approved inter-branch organisations for the purposes of the crop- 
specific payment for cotton;  
(h) cases in which aid applications and payment claims or any other 
communications, claims or requests may be corrected and adjusted 
after their submission;  
(i) application and calculation of the partial or total withdrawal of 
payments;  
(j) recovery of undue payments and penalties as well as of unduly 
allocated payment entitlements and the application of interest;  
(k) the application and calculation of the administrative penalties;  
(l) identifying a non-compliance as minor;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 3  
(m) aid applications and payment claims and applications for payment 
entitlements, including the final date for the submission of appli ­
cations, the requirements as to the minimum amount of information 
to be included in applications, provisions for amendments to or 
withdrawal of aid applications, exemption from the requirement 
to submit aid applications and provisions which allow Member 
States to apply simplified procedures;  
(n) the carrying out of checks in order to verify compliance with 
obligations, and the correctness and completeness of the 
information provided in the aid application or payment claim, 
including rules on measurement tolerances for on-the-spot checks;  
(o) technical specifications needed for the purpose of the uniform im ­
plementation of Chapter II of Title V of Regulation (EC) No 
1306/2013;  
(p) the transfer of holdings;  
(q) the payment of advances;  
(r) the carrying out of checks relating to cross-compliance obligations, 
including the taking account of a farmer’s participation in the farm 
advisory system and a farmer’s participation in a certification 
system;  
(s) the calculation and application of administrative penalties in respect 
of cross-compliance obligations, including as regards beneficiaries 
consisting of a group of persons.  
Article 2  
Exchange of information on aid applications, applications for 
support, payment claims and other declarations  
1. For the purpose of the proper administration of aid schemes and 
support measures and where, within a Member State, more than one 
paying agency is responsible for the management of direct payments 
and rural development measures with regard to the same beneficiary, the 
Member State concerned shall take the appropriate measures to ensure, 
where relevant, that the information requested in the aid applications, 
applications for support, payment claims or other declarations is made 
available to all paying agencies involved.  
2. Where checks are not carried out by the responsible paying 
agency, the Member State concerned shall ensure that sufficient 
information on the checks carried out and their results is received by 
that paying agency. It is for the paying agency to define its needs for 
information.  
Article 3  
Withdrawal of aid applications, applications for support, payment 
claims and other declarations  
1. An aid application, application for support, payment claim or other 
declaration may be totally or partially withdrawn at any time in writing. 
Such withdrawal shall be recorded by the competent authority.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 4  
Where a Member State makes use of the possibilities provided for in 
Article 21(3), that Member State may provide that the notifications to 
the computerised database for animals of an animal that has left the 
holding may substitute a withdrawal in writing.  
2. Where the competent authority has already informed the benefici ­
ary of any cases of non-compliance in the documents referred to in 
paragraph 1, or where the competent authority has given notice to the 
beneficiary of its intention to carry out an on-the-spot check, or where 
an on-the-spot check reveals any non-compliance, withdrawals shall not 
be authorised in respect of the parts of those documents affected by the 
non-compliance.  
3. Withdrawals in accordance with paragraph 1 shall put beneficiaries 
into the position they were in before the submission of the documents in 
question or part thereof.  
Article 4  
Corrections and adjustments of obvious errors  
Aid applications, applications for support or payment claims and any 
supporting documents provided by the beneficiary may be corrected and 
adjusted at any time after their submission in cases of obvious errors 
recognised by the competent authority on the basis of an overall 
assessment of the particular case and provided that the beneficiary 
acted in good faith.  
The competent authority may recognise obvious errors only if they can 
be straightforwardly identified at a clerical check of the information 
given in the documents referred to in the first subparagraph.  
Article 5  
Application of reductions, refusals, withdrawals and penalties  
Where a case of non-compliance which is subject to the application of 
penalties in accordance with Chapter II of Title IV of Commission 
Delegated Regulation (EU) No 640/2014 (  1 ) is also subject to with ­
drawals or penalties in accordance with Chapters III and IV of Title 
II, or in accordance with Title III of that Regulation:  
(a) the reductions, refusals, withdrawals or penalties provided for in 
Chapters III and IV of Title II or in Title III of Delegated Regu ­
lation (EU) No 640/2014shall be applied with regard to the direct 
payment schemes or rural development measures in the scope of the 
integrated system;  ▼B 
( 1 ) Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 
supplementing Regulation (EU) No 1306/2013 of the European Parliament 
and of the Council with regard to the integrated administration and control 
system and conditions for refusal or withdrawal of payments and administra ­
tive penalties applicable to direct payments, rural development support and 
cross compliance (OJ L 181, 20.6.2014, p 48).
 02014R0809 — EN — 16.05.2018 — 005.001 — 5  
(b) the penalties provided for in Chapter II of Title IV of Delegated 
Regulation (EU) No 640/2014shall be applied to the total amount of 
payments to be granted to the beneficiary concerned in accordance 
with Article 92 of Regulation (EU) No 1306/2013 that are not 
subject to the reductions, refusals, withdrawals or penalties 
referred to in point (a).  
The reductions, refusals, withdrawals and penalties referred to in the 
first subparagraph shall be applied in accordance with Article 6 of this 
Regulation without prejudice to additional penalties pursuant to other 
provisions of Union or national law.  
Article 6  
Order of reductions, refusals, withdrawals and penalties on each 
direct payment scheme or rural development measure  
1. The amount of the payment to be granted to a beneficiary under a 
scheme listed in Annex I to Regulation (EU) No 1307/2013 shall be 
determined by the Member States on the basis of the conditions estab ­
lished in accordance with that Regulation and with the programmes for 
the outermost regions of the Union and the smaller Aegean islands 
established respectively by Regulations (EU) No 228/2013 (  1 ) and 
(EU) No 229/2013 of the European Parliament and of the Council (  2 ) 
for the direct support scheme in question.  
2. For each scheme listed in Annex I to Regulation (EU) No 
1307/2013 and for each rural development measure in the scope of 
the integrated system as defined in point (6) of the second subparagraph 
of Article 2(1) of Delegated Regulation (EU) No 640/2014, the reduc ­
tions, withdrawals and penalties shall be calculated, if relevant, in the 
following order:  
(a) the reductions and penalties provided for in Chapter IV of Title II of 
Delegated Regulation (EU) No 640/2014, except the penalties 
referred to in Article 16 of that Regulation, shall be applied to 
any case of non-compliance;  
(b) the amount resulting from the application of point (a) shall serve as 
a basis for the calculation of the refusals provided for in Title III of 
Delegated Regulation (EU) No 640/2014;  
(c) the amount resulting from the application of point (b) shall serve as 
a basis for the calculation of any reductions to be applied in case of 
late submission in accordance with Articles 13 and 14 of Delegated 
Regulation (EU) No 640/2014;  ▼B 
( 1 ) Regulation (EU) No 228/2013 of the European Parliament and of the Council 
of 13 March 2013 laying down specific measures for agriculture in the 
outermost regions of the Union and repealing Council Regulation (EC) No 
247/2006 (OJ L 78, 20.3.2013, p. 23). 
( 2 ) Regulation (EU) No 229/2013 of the European Parliament and of the Council 
of 13 March 2013 laying down specific measures for agriculture in favour of 
the smaller Aegean islands and repealing Council Regulation (EC) No 
1405/2006 (OJ L 78, 20.3.2013, p. 41).
 02014R0809 — EN — 16.05.2018 — 005.001 — 6  
(d) the amount resulting from the application of point (c) shall serve as 
a basis for the calculation of any reductions to be applied in cases 
of non-declaration of agricultural parcels in accordance with 
Article 16 of Delegated Regulation (EU) No 640/2014;  
(e) the amount resulting from the application of point (d) shall serve as 
a basis for the calculation of the withdrawals provided for in Title 
III of Delegated Regulation (EU) No 640/2014;  
(f) the amount resulting from the application of point (e) shall serve as 
a basis for applying:  
(i) the linear reduction provided for in Article 51(2) of Regulation 
(EU) No 1307/2013;  
(ii) the linear reduction provided for in Article 51(3) of Regulation 
(EU) No 1307/2013;  
(iii) the linear reduction provided for in Article 65(2)(c) of Regu ­
lation (EU) No 1307/2013;  
(iv) the linear reduction provided for in Article 65(4) of Regulation 
(EU) No 1307/2013;  
(v) the linear reduction to be applied in case the payments to be 
made in accordance with Article 41 of Regulation (EU) No 
1307/2013 exceed the national ceiling fixed in accordance with 
Article 42(2) of that Regulation.  
3. The amount resulting from the application of point (f) of 
paragraph 2 shall serve as a basis for:  
(a) applying the reduction of payments provided for in Article 11 of 
Regulation (EU) No 1307/2013;  
(b) applying the linear reduction percentage established in accordance 
with the second subparagraph of Article 7(1) of Regulation (EU) No 
1307/2013;  
(c) applying the adjustment rate referred to in Article 8 of Regulation 
(EU) No 1307/2013.  
4. The amount of the payment resulting from the application of 
paragraph 3 shall serve as a basis for the calculation of any reductions 
to be applied for the non-respect of cross-compliance in accordance with 
Chapter II of Title IV of Delegated Regulation (EU) No 640/2014.  
Article 7  
Recovery of undue payments  
1. If undue payment is made, the beneficiary shall repay the amount 
in question plus, where applicable, interest calculated in accordance 
with paragraph 2.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 7  
2. Interests shall be calculated for the period elapsing between the 
payment deadline for the beneficiary indicated in the recovery order, 
which shall not be set at more than 60 days, and the date of either 
repayment or deduction.  
The rate of interest applicable shall be calculated in accordance with 
national law, but shall not be lower than the interest rate applicable for 
the recovery of amounts under national provisions.  
3. The repayment obligation referred to in paragraph 1 shall not 
apply if the payment was made by error of the competent authority 
or of another authority and if the error could not reasonably have 
been detected by the beneficiary.  
However, where the error relates to factual elements relevant for the 
calculation of the payment concerned, the first subparagraph shall only 
apply if the decision to recover was not communicated within 12 
months of the payment.  
Article 8  
Transfer of holdings  
1. For the purposes of this Article:  
(a) ‘transfer of a holding’ means the sale, lease or any similar type of 
transaction in respect of the production units concerned;  
(b) ‘transferor’ means the beneficiary whose holding is transferred to 
another beneficiary;  
(c) ‘transferee’ means the beneficiary to whom the holding is trans ­
ferred.  
2. Where a holding is transferred in its entirety from one beneficiary 
to another beneficiary following the submission of an aid application, 
application for support or payment claim and before all the conditions 
for granting the aid or support have been fulfilled, no aid or support 
shall be granted to the transferor in respect of the transferred holding.  
3. The aid applied for or the payment claimed by the transferor shall 
be granted to the transferee where:  
(a) within a period to be determined by the Member States the 
transferee informs the competent authority of the transfer and 
requests payment of the aid and/or support;  
(b) the transferee presents any evidence required by the competent auth ­
ority;  
(c) all the conditions for granting the aid and/or support are fulfilled in 
respect of the holding transferred.  
4. Once the transferee informs the competent authority and requests 
payment of the aid and/or support in accordance with paragraph 3(a):  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 8  
(a) all rights and obligations of the transferor resulting from the legal 
relationship between the transferor and the competent authority 
generated by the aid application, application for support or 
payment claim shall be conferred on the transferee;  
(b) all actions necessary for the granting of the aid and/or support and 
all declarations made by the transferor prior to the transfer shall be 
attributed to the transferee for the purposes of applying the relevant 
Union rules;  
(c) the holding transferred shall be considered, where appropriate, as a 
separate holding in respect of the claim year in question.  
5. Member States may decide, where appropriate, to grant the aid 
and/or support to the transferor. In that event:  
(a) no aid or support shall be granted to the transferee;  
(b) Member States shall apply  mutatis mutandis  the requirements set 
out in paragraphs 2, 3 and 4.  
Article 9  
Notifications  
1. Each year, by 15 July, for all direct payment schemes, rural devel ­
opment measures and technical assistance and support schemes in the 
wine sector referred to in Articles 46 and 47 of Regulation (EU) No 
1308/2013, Member States shall notify the Commission of the control 
data and control statistics covering the previous calendar year and, in 
particular, of the following:  
(a) data relating to individual beneficiaries in terms of aid applications 
and payment claims, areas and animals declared and/or claimed, 
results of administrative, on-the-spot checks and  ex post  checks;  
(b) where applicable, the results of the checks relating to cross- 
compliance including the relevant reductions and exclusions.  
Such notification shall take place by electronic means using the 
technical specifications for the transfer of the control data and control 
statistics made available to them by the Commission.  
2. By 15 July 2015, Member States shall notify the Commission of a 
report in respect of the options chosen for the control of the cross- 
compliance requirements and the competent control bodies responsible 
for the checks of the cross-compliance requirements and standards. 
Subsequent modifications concerning information provided in that 
report shall be notified without delay.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 9  
3. Each year, by 15 July, Member States shall notify the Commission 
of a report in respect of the measures taken for the administration and 
the control of the voluntary coupled support concerning the previous 
calendar year.  
4. The computerised data established as a part of the integrated 
system shall be used to support the information to be sent to the 
Commission in the framework of sectoral rules.  
TITLE II  
INTEGRATED ADMINISTRATION AND CONTROL SYSTEM  
CHAPTER I  
General rules  
▼M1 
Article 10  
Advances for direct payments  
Where a Member State pays advances for direct payments in accordance 
with Article 75 of Regulation (EU) No 1306/2013, the adjustment rate 
for financial discipline referred to in Article 8 of Regulation (EU) 
No 1307/2013 shall not be taken into account for calculating those 
advance payments.  
The balance payment to be granted to beneficiaries as from 1 December 
shall take into account the adjustment rate for financial discipline 
applicable to the relevant claim year for the total amount of direct 
payments in relation to that year.  
▼B 
CHAPTER II  
Aid applications and payment claims  
S e c t i o n 1  
C o m m o n p r o v i s i o n s  
Article 11  
Simplification of procedures  
1. Save as otherwise provided in Regulations (EU) No 1305/2013, 
(EU) No 1306/2013 and (EU) No 1307/2013, Delegated Regulation 
(EU) No 640/2014 or this Regulation, Member States may permit or 
require that any kind of communications under this Regulation both 
from the beneficiary to the authorities and  vice versa  be made by elec ­
tronic means, provided that this does not cause any discrimination 
between beneficiaries and that appropriate measures are taken to 
ensure in particular that:  
(a) the beneficiary is unambiguously identified;  
(b) the beneficiary complies with all requirements under the direct 
payment scheme or rural development measure concerned;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 10  
(c) the transmitted data is reliable in view of the proper management of 
the direct payment scheme or rural development measure concerned; 
where use is made of the data contained in the computerised 
database for animals as defined in point (9) of the second subpara ­
graph of Article 2(1) of Delegated Regulation (EU) No 640/2014, 
that database shall offer the level of assurance and implementation 
necessary for the proper management of the direct payment scheme 
or rural development measure involved;  
(d) where accompanying documents cannot be transmitted electroni ­
cally, such documents are received by the competent authorities 
within the same time limits as for transmission by non-electronic 
means.  
2. With regard to the submission of aid applications or payment 
claims, Member States may, under the conditions laid down in 
paragraph 1, provide for simplified procedures where data is already 
available to the authorities, in particular where the situation has not 
changed since the latest submission of an aid application or payment 
claim under the direct payment scheme or rural development measure 
concerned in accordance with Article 72(3) of Regulation (EU) No 
1306/2013. Member States may decide to use data derived from data 
sources at the disposal of national authorities for the purposes of the aid 
applications and payment claims. In that case Member State shall ensure 
that those data sources offer the level of assurance necessary for the 
proper management of the data in order to guarantee the reliability, 
integrity and security of that data.  
3. Where possible, the competent authority may request the 
information required in any supporting documents to be submitted 
together with the aid application or payment claim directly from the 
source of the information.  
▼M1 
4. Where the integrated system provides for the pre-established form 
and the corresponding graphic material referred to in Article 72(3) of 
Regulation (EU) No 1306/2013 through a GIS-based interface, enabling 
the processing of the spatial and alphanumerical data of the areas 
declared (hereinafter referred to as ‘geo-spatial aid application form’), 
Member States may decide to introduce a system of preliminary cross- 
checks (hereinafter referred to as ‘preliminary checks’), which shall 
include at least the cross-checks referred to in points (a), (b) and (c) 
of the first subparagraph of Article 29(1) of this Regulation. The results 
shall be notified to the beneficiary within a period of 26 calendar days 
after the final date of submission of the single application, aid appli ­
cation or payment claims referred to in Article 13 of this Regulation. 
However, where this period of 26 calendar days expires before the final 
date for notification of amendments in accordance with Article 15(2) of 
this Regulation, the results shall be notified to the beneficiary at the 
latest the calendar day following the final date for notification of 
amendments of the year concerned.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 11  
Member States may decide to carry-out such preliminary checks at 
regional level, provided that the system using the geo-spatial aid appli ­
cation form is set up at regional level.  
5. Where the beneficiary is a group of persons applying for support 
for agri-environment-climate operations as referred to in Article 28 of 
Regulation (EU) No 1305/2013 (hereinafter referred to as ‘collective’), 
the Member State may decide to derogate from the requirement in 
Article 14 of this Regulation that the payment claim is to contain all 
information necessary to establish eligibility for the support and from 
the restriction in Article 13 of this Regulation that all relevant data for 
the proper administrative and financial management of the support is to 
be submitted by the final date of submission of the payment claim, by 
introducing a simplified annual payment claim (hereinafter referred to as 
‘collective claim’) that shall be submitted by a collective.  
Articles 2, 3, 4, 9, 11, 13, 15 and 16, 17(1) and (3) to (9), and Articles, 
21, 24, 25, 27, 28, 29, 35, 38, 39, 40, 42, 43 and 45 of this Regulation 
and Articles 4, 12 and 13 of Regulation (EU) No 640/2014 shall apply  
mutadis mutandis  in respect of the particular requirements established in 
view of the collective claim.  
For collectives, Member States shall include a description of the admin ­
istrative arrangements in the rural development programme.  
▼B 
Article 12  
General provisions pertaining to the single application and to the 
submission of applications for support under rural development 
measures  
1. If Member States decide pursuant to Article 72(4) of Regulation 
(EU) No 1306/2013 that the aid applications for direct payments and 
payment claims for rural development measures are to be covered by 
the single application, Articles 20, 21 and 22 of this Regulation shall 
apply  mutatis mutandis  in respect of the particular requirements estab ­
lished in view of the aid application and/or payment claim under those 
schemes or measures.  
2. A beneficiary applying for aid and/or support under any of the 
area-related direct payments or rural development measures may submit 
only one single application per year.  
3. Member States shall provide for appropriate procedures for the 
submission of applications for support under rural development 
measures.  
Article 13  
Final date of submission of the single application, aid applications 
or payment claims  
1. Member States shall fix the final dates by which the single appli ­
cation, aid applications or payment claims shall be submitted. The final 
dates shall not be later than 15 May each year. However, Estonia, 
Latvia, Lithuania, Finland and Sweden may fix a later date which 
shall not be later than 15 June.  ▼M1
 02014R0809 — EN — 16.05.2018 — 005.001 — 12  
In setting the final dates, Member States shall take into account the 
period required for all relevant data to be available for the proper 
administrative and financial management of the aid and/or support 
and shall ensure that effective checks may be scheduled.  
2. In accordance with the procedure referred to in the second 
paragraph of Article 78 of Regulation (EU) No 1306/2013, the final 
dates referred to in paragraph 1 of this Article may be set at a later date 
in certain zones subject to exceptional climatic conditions.  
Article 14  
Contents of the single application or payment claim  
1. The single application or payment claim shall contain all 
information necessary to establish eligibility for the aid and/or 
support, in particular:  
(a) the identity of the beneficiary;  
(b) details of the direct payment schemes and/or rural development 
measures concerned;  
(c) the identification of the payment entitlements in accordance with the 
identification and registration system provided for in Article 7 of 
Delegated Regulation (EU) No 640/2014 for the purposes of the 
basic payment scheme;  
(d) particulars permitting the unambiguous identification of all agri ­
cultural parcels on the holding, their area expressed in hectares to 
two decimal places, their location and, and where required, further 
specifications on the use of the agricultural parcels;  
(e) where applicable, particulars permitting the unambiguous identifi ­
cation of non-agricultural land for which support under rural devel ­
opment measures is being claimed;  
(f) where appropriate, any supporting documents needed to establish 
the eligibility for the scheme and/or measure concerned;  
(g) a statement by the beneficiary that he is aware of the conditions 
pertaining to the direct payment schemes and/or rural development 
measures in question;  
(h) where applicable, an indication by the beneficiary that he is covered 
by the list of non-agricultural businesses or activities referred to in 
the first and second subparagraphs of Article 9(2) of Regulation 
(EU) No 1307/2013.  
2. For the purpose of the identification of the payment entitlements 
referred to in paragraph 1(c), the pre-established forms provided to the 
beneficiary in accordance with Article 72(3) of Regulation (EU) No 
1306/2013 shall mention the identification of the payment entitlements 
in accordance with the identification and registration system provided 
for in Article 7 of Delegated Regulation (EU) No 640/2014.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 13  
3. For the first year of application of the basic payment scheme the 
Member States may derogate from this Article and Article 17 of this 
Regulation as regards payment entitlements.  
▼M1 
4. For the purpose of the payment for agricultural practices beneficial 
for the climate and the environment in accordance with Chapter 3 of 
Title III of Regulation (EU) No 1307/2013, Member States may 
authorise the beneficiary to modify, in duly justified circumstances, 
the content of the single application as regards the use of the agri ­
cultural parcels, provided that this does not put the beneficiary in a 
more favourable position with regard to the fulfilment of the greening 
obligations based on the initial application. Member States may decide 
to set a final date for the notification of these modifications to the 
competent authority.  
Where the competent authority has already informed the beneficiary of 
any case of non-compliance in the single application or payment claim 
or where it has given notice to the beneficiary of its intention to carry 
out an on-the-spot check or where an on-the-spot check reveals any 
non-compliance, modifications in accordance with the first subparagraph 
shall not be authorised in respect of the agricultural parcels affected by 
the non-compliance.  
Article 14a  
Collective claims  
1. Where a Member State uses the option to introduce collective 
claims, Article 14 shall not apply in respect of such collective claims.  
2. The collective shall submit one collective claim per year.  
3. The collective claim shall contain all information necessary to 
establish eligibility for the support, with the exception of information 
in respect of the commitments covered by the agri-environment-climate 
operations as referred to in Article 28 of Regulation EU (No) 
1305/2013. The collective claim shall contain in particular:  
(a) the identity of the collective;  
(b) the unique identification of each participating member of the 
collective;  
(c) a reference to the application for support submitted by the 
collective;  
(d) details of the agri-environment-climate operations concerned;  
(e) particulars permitting the unambiguous identification of all agri ­
cultural parcels on the holding, their area expressed in hectares to 
two decimal places, their location and, where required, further spec ­
ifications on the use of the agricultural parcels;  
(f) where applicable, particulars permitting the unambiguous identifi ­
cation of non-agricultural land for which support under rural devel ­
opment measures is being claimed;  
(g) where appropriate, any supporting documents needed to establish 
the eligibility for the measure concerned;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 14  
(h) a statement by the collective stating that the participating members 
are aware of the conditions pertaining to the rural development 
measures in question and of the financial consequences in cases 
of non-compliances.  
Where the application for support submitted by the collective contains 
the information referred to in points (b), (d) and (h) of the first subpara ­
graph, that information may be substituted by a reference to that appli ­
cation for support.  
4. By way of derogation from the first subparagraph of paragraph 3, 
Member States may decide that the collective claim shall contain all 
details in respect of the commitments covered by the agri-environment- 
climate operations.  
5. The collective shall notify the competent authority of each 
commitment covered by the agri-environment-climate operations no 
later than 14 calendar days before the commitment is undertaken. 
Member States shall provide for appropriate procedures for this notifi ­
cation.  
Where the details in respect of the commitments covered by the agri- 
environment-climate operations are contained in the collective claim in 
accordance with paragraph 4, the commitments do not need to be 
notified in accordance with the first subparagraph of this paragraph, 
unless a change in type, timing or location of the commitment occurs.  
Article 15  
Amendments to the single application or payment claim and 
modifications following the preliminary checks 
▼B 
1. After the final date of submission of the single application or 
payment claim, individual agricultural parcels or individual payment 
entitlements may be added or adjusted in the single application or 
payment claim provided that the requirements under the direct 
payment schemes or rural development measures concerned are 
respected.  
Changes regarding the use or direct payment scheme or rural develop ­
ment measure in respect of individual agricultural parcels or in respect 
of payment entitlements already declared in the single application may 
be made under the same conditions.  
Where the amendments referred to in the first and second subparagraphs 
have a bearing on any supporting documents or contracts to be 
submitted, such documents or contracts may be amended accordingly.  
▼M1 
1a. Where a beneficiary has been notified of the results of the 
preliminary checks as referred to in Article 11(4), that beneficiary 
may modify the single application or payment claim in order to 
include all necessary corrections with respect to individual parcels in 
accordance with the results of those cross-checks where they indicated a 
potential non-compliance.  
▼M6 
1b. Where checks by monitoring are carried out in accordance with 
Article 40a, beneficiaries may modify the single application or payment 
claim regarding the use of individual agricultural parcels provided that 
the requirements under the direct payment schemes or rural develop ­
ment measures concerned are respected.  
▼M1 
2. Amendments made in accordance with paragraph 1 shall be 
notified to the competent authority by 31 May of the year concerned,  ▼M1
 02014R0809 — EN — 16.05.2018 — 005.001 — 15  
except in the case of Estonia, Latvia, Lithuania, Finland and Sweden, 
where they shall be notified by 15 June of the year concerned.  
Such notifications shall be made in writing or via the geo-spatial aid 
application form.  
By way of derogation from the first subparagraph, Member States may 
set an earlier final date for the notification of such amendments. That 
date shall however not be earlier than 15 calendar days after the final 
date for submitting the single application or payment claim fixed in 
accordance with Article 13(1).  
▼M6 
2a. Modifications following the preliminary checks made in 
accordance with paragraph 1a shall be notified to the competent 
authority at the latest nine calendar days after the final date for notifi ­
cation of the results of the preliminary checks referred to in Article 11(4) 
to the beneficiary.  
Such notifications shall be made in writing or via the geo-spatial aid 
application form.  
2b. Modifications made in accordance with paragraph 1b shall be 
notified to the competent authority by the date fixed by that 
competent authority. The date shall be at least 15 calendar days 
before the date when the payment of the first instalment or the 
advanced payment is to be made to beneficiaries in accordance with 
Article 75 of Regulation (EU) No 1306/2013.  
Such notifications shall be made in writing or via the geo-spatial aid 
application form.  
▼B 
3. Where the competent authority has already informed the benefici ­
ary of any case of non-compliance in the single application or payment 
claim or where it has given notice to the beneficiary of its intention to 
carry out an on-the-spot check or where an on-the-spot check reveals 
any non-compliance, amendments in accordance with paragraph 1 shall 
not be authorised in respect of the agricultural parcels affected by the 
non-compliance.  
▼M6 
For the purposes of the first subparagraph, the obligation provided in 
point (d) of Article 40a(1) shall not be considered as a notice to the 
beneficiary of a competent authority's intention to carry out an on-the- 
spot check.  
▼B 
Article 16  
Correction of the pre-established forms  
When submitting the single application, aid application and/or payment 
claim form, the beneficiary shall correct the pre-established form 
referred to in Article 72(3) of Regulation (EU) No 1306/2013 if any 
amendments, in particular transfers of payment entitlements in 
accordance with Article 34 of Regulation (EU) No 1307/2013, have 
occurred or if any information contained in the pre-established forms 
is incorrect.  ▼M1
 02014R0809 — EN — 16.05.2018 — 005.001 — 16  
S e c t i o n 2  
a i d a p p l i c a t i o n s f o r a r e a - r e l a t e d a i d s c h e m e s 
a n d p a y m e n t c l a i m s f o r a r e a - r e l a t e d s u p p o r t 
m e a s u r e s  
Article 17  
Specific requirements pertaining to aid applications for area-related 
aid schemes and payment claims for area-related support measures 
▼M1 
1. For the purpose of the identification of all agricultural parcels on 
the holding and/or non-agricultural land as referred to in Article 14(1)(d) 
and (e), the competent authority shall provide the beneficiary with the 
geo-spatial aid application form.  
▼B 
2. Paragraph 1 shall apply as follows:  
(a) As from claim year 2016, to a number of beneficiaries 
corresponding to that required to cover at least 25 % of the total 
area determined for the basic payment scheme or the single area 
payment scheme in the previous year;  
(b) As from claim year 2017, to a number of beneficiaries 
corresponding to that required to cover at least 75 % of the total 
area determined for the basic payment scheme or the single area 
payment scheme in the previous year;  
(c) As from claim year 2018, to all beneficiaries.  
3. Where the beneficiary is not in the position to submit the aid 
application and/or payment claim using the geo-spatial aid application 
form, the competent authority shall provide the beneficiary with either:  
(a) the required technical assistance; or  
(b) the pre-established forms and the corresponding graphic material in 
paper. In this case, the competent authority shall transcribe the 
information received from the beneficiary into the geo-spatial aid 
application form.  
4. The pre-established forms provided to the beneficiary shall specify 
the maximum eligible area per reference parcel in accordance with 
points (a) and (b) of Article 5(2) of Delegated Regulation (EU) No 
640/2014 and the area determined in the previous year per agricultural 
parcel for the purposes of the basic payment scheme, the single area 
payment scheme and/or area-related rural development measure.  
The graphic material supplied to the beneficiary in accordance with 
Article 72(3) of Regulation (EU) No 1306/2013 shall indicate the 
boundaries and the unique identification of the reference parcels as 
referred to in Article 5(1) of Delegated Regulation (EU) No 640/2014 
and the boundaries of the agricultural parcels determined in the previous 
year as to enable the beneficiary to indicate correctly the size and 
location of each agricultural parcel. As from claim year 2016, it shall 
also indicate the type, size and location of the ecological focus areas 
determined in the previous year.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 17  
5. The beneficiary shall unambiguously identify and declare the area 
of each agricultural parcel and, where applicable, the type, size and 
location of the ecological focus areas. With regard to the greening 
payment, the beneficiary shall also specify the use of the agricultural 
parcels declared.  
For this purpose, the beneficiary may confirm the information already 
provided in the pre-established form. However, where the information 
on the area, location or boundary of the agricultural parcel or, where 
applicable, the size and location of the ecological focus areas is not 
correct or is incomplete, the beneficiary shall correct or make changes 
to the pre-established form.  
The competent authority shall assess on the basis of the corrections or 
complements provided by the beneficiaries in the pre-established form 
whether an update of the corresponding reference parcel is required, 
having regard to Article 5(3) of Delegated Regulation (EU) No 
640/2014.  
6. Where the beneficiary is carrying out equivalent practices in 
accordance with Article 43(3)(a) of Regulation (EU) No 1307/2013 
through commitments undertaken in accordance with Article 39(2) of 
Council Regulation (EC) No 1698/2005 (  1 ) or Article 28(2) of Regu ­
lation (EU) No 1305/2013, the commitment shall be indicated in the aid 
application with reference to the corresponding payment claim.  
Where the beneficiary is carrying out equivalent practices through 
national or regional environmental certification schemes in accordance 
with Article 43(3)(b) of Regulation (EU) No 1307/2013, paragraphs 4 
and 5 of this Article shall apply  mutatis mutandis  as regards the pre- 
established form and the declaration by the beneficiary.  
For the purpose of regional or collective implementations in accordance 
with Article 46(5) and 46(6) of Regulation (EU) No 1307/2013 and for 
the part of the ecological focus area obligations that the beneficiaries 
have to fulfil individually, beneficiaries participating in such regional or 
collective implementations shall unambiguously identify and declare, in 
respect of each agricultural parcel, the type, size and location of the 
ecological focus area in accordance with paragraph 5 of this Article. In 
their aid application or payment claim beneficiaries shall make reference 
to the declaration of a regional or collective implementation as referred 
to in Article 18 of this Regulation.  
7. For areas used for the production of hemp in accordance with 
Article 32(6) of Regulation (EU) No 1307/2013, the single application 
shall contain:  
(a) all information required for the identification of the parcels sown 
with hemp, indicating the varieties of seed used;  
(b) an indication as to the quantities of the seeds used (kg per hectare);  ▼B 
( 1 ) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for 
rural development by the European Agricultural Fund for Rural Development 
(EAFRD) (OJ L 277, 21.10.2005, p. 1).
 02014R0809 — EN — 16.05.2018 — 005.001 — 18  
(c) the official labels used on the packaging of the seeds in accordance 
with Council Directive 2002/57/EC (  1 ), and in particular Article 12 
thereof, or any other document recognised as equivalent by the 
Member State; or, in the case of conservation varieties certified in 
accordance with Commission Directive 2008/62/EC (  2 ), the 
supplier's labels or the printed or stamped notice used on the 
packaging of the seeds of conservation varieties as referred to in 
Article 18 of that Directive.  
▼M3 
By way of derogation from point (c) of the first subparagraph, where 
sowing takes place after the final date for submitting the single appli ­
cation, the labels shall be submitted by 30 June at the latest. However, 
for hemp cultivated as catch crop, the labels shall be submitted by a 
date to be fixed by the Member States but not later than 1 September. 
Where the labels also have to be submitted to other national authorities, 
the Member States may provide for those labels to be returned to the 
beneficiary once they have been submitted in accordance with that 
point. The labels returned shall be marked as used for an application.  
▼B 
8. For the crop specific payment for cotton provided for in Chapter 2 
of Title IV of Regulation (EU) No 1307/2013, the single application 
shall contain:  
(a) the name of the variety of cotton seed used;  
(b) where appropriate, the name and address of the approved inter- 
branch organisation of which the beneficiary is a member.  
9. Areas that are not used for the purposes of the aid schemes 
provided for in Titles III, IV and V of Regulation (EU) No 
1307/2013 or for the support schemes in the wine sector as referred 
to in Regulation (EC) No 1308/2013 shall be declared under one or 
more ‘other uses’ headings.  
Article 18  
Declaration of a regional or collective implementation  
For each regional or collective implementation in accordance with 
Article 46(5) or (6) of Regulation (EU) No 1307/2013, a declaration 
of a regional or collective implementation shall be submitted supple ­
menting the aid application or payment claim of each participating 
beneficiary.  
The declaration shall contain all necessary complementary information 
to verify compliance with obligations in respect of the regional or 
collective implementations in accordance with Article 46(5) or (6) of 
that Regulation, in particular:  
(a) the unique identification of each participating beneficiary;  
(b) the minimum percentage that each participating beneficiary needs to 
fulfil individually as referred to in the second subparagraph of 
Article 46(6) of that Regulation;  
(c) the total area of the contiguous structures of adjacent ecological 
focus areas as referred to in Article 46(5) of that Regulation or of  ▼M5 
( 1 ) Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of 
oil and fibre plants (OJ L 193, 20.7.2002, p. 74). 
( 2 ) Commission Directive 2008/62/EC of 20 June 2008 providing for certain 
derogations for acceptance of agricultural landraces and varieties which are 
naturally adapted to the local and regional conditions and threatened by 
genetic erosion and for marketing of seed and seed potatoes of those 
landraces and varieties (OJ L 162, 21.6.2008, p. 13).
 02014R0809 — EN — 16.05.2018 — 005.001 — 19  
the common ecological focus area as referred to in Article 46(6) of 
that Regulation, in respect of which obligations are fulfilled collec ­
tively;  
(d) pre-established graphic material indicating the boundaries and the 
unique identification of the reference parcels to be used to 
unambiguously identify the contiguous structures of adjacent 
ecological focus areas or the common ecological focus area and 
to indicate their boundaries.  
In case of regional implementation, if the detailed plan provided for in 
Article 46(6) of Delegated Regulation (EU) No 639/2014 contains all 
the information listed in the second subparagraph of this Article, the 
declaration referred to in the first subparagraph may be substituted by a 
reference to the plan.  
In case of a collective implementation, the declaration referred to in the 
first subparagraph shall be supplemented by the written agreement 
provided for in Article 47(4) of Delegated Regulation (EU) No 
639/2014.  
Article 19  
Applications relating to participation in and withdrawal from the 
small farmers scheme  
1. Applications submitted in 2015 for participation in the small 
farmers scheme referred to in Article 62(1) of Regulation (EU) No 
1307/2013 shall contain a reference to the single application 
submitted for claim year 2015 by the same beneficiary and, where 
applicable, a statement by the beneficiary that he is aware of the 
special conditions pertaining to the small farmers scheme provided for 
in Article 64 of that Regulation.  
Member States may decide that the application referred to in the first 
subparagraph is to be submitted together or as part of the single appli ­
cation.  
2. As from claim year 2016, Member States shall provide for the 
simplified application procedure referred to in Article 72(3) of Regu ­
lation (EU) No 1306/2013.  
3. The pre-established forms to be used in the application procedure 
referred to in paragraph 2 shall be drawn up on the basis of the 
information provided with the single application submitted for claim 
year 2015 and shall contain, in particular:  
(a) all additional information necessary to establish compliance with 
Article 64 of Regulation (EU) No 1307/2013 and, where relevant, 
all additional information necessary to confirm that the beneficiary 
still complies with Article 9 of that Regulation;  
(b) a statement by the beneficiary that he is aware of the special 
conditions pertaining to the small farmers scheme provided for in 
Article 64 of Regulation (EU) No 1307/2013.  
Where Member States opt for the payment method laid down in point 
(a) of the first subparagraph of Article 63(2) of Regulation (EU) No 
1307/2013 without applying the third subparagraph thereof, the pre- 
established forms shall, by way of derogation from the first subpara ­
graph of this paragraph be provided in accordance with Section 1 of this 
Chapter.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 20  
4. Beneficiaries deciding to withdraw from the small farmers scheme 
in respect of a year subsequent to 2015 in accordance with the second 
subparagraph of Article 62(1) of Regulation (EU) No 1307/2013 or 
Article 62(2) of that Regulation shall inform the competent authority 
of their withdrawal in accordance with the modalities put in place by the 
Member States.  
S e c t i o n 3  
O t h e r a p p l i c a t i o n s  
Article 20  
Specific provisions pertaining to aid applications  
A beneficiary who does not apply for aid under any of the area-related 
aid schemes but applies for aid under another scheme listed in Annex I 
to Regulation (EU) No 1307/2013 or for support schemes in the wine 
sector pursuant to Articles 46 and 47 of Regulation (EU) No 1308/2013 
shall, if he has agricultural area at his disposal, declare those areas in his 
aid application form in accordance with Article 17 of this Regulation.  
A beneficiary who is only subject to cross-compliance obligations in 
accordance with Articles 46 and 47 of Regulation (EU) No 1308/2013 
shall declare in his aid application form the areas at his disposal in 
respect of each calendar year in which those obligations apply.  
However, Member States may exempt beneficiaries from the obligations 
provided for in the first and second subparagraphs where the 
information concerned is made available to the competent authorities 
in the framework of other administration and control systems that 
guarantee compatibility with the integrated system in accordance with 
Article 61 of Regulation (EU) No 1306/2013.  
Article 21  
Requirements pertaining to livestock aid application and to 
payment claims under animal-related support measures  
1. A livestock aid application as defined in point (15) of the second 
subparagraph of Article 2(1) of Delegated Regulation (EU) No 
640/2014 or payment claim under animal-related support measures as 
defined in point (14) of the second subparagraph of Article 2(1) of that 
Regulation shall contain all information necessary to establish eligibility 
for the aid and/or support, and in particular:  
(a) the identity of the beneficiary;  
(b) a reference to the single application if it has already been submitted;  
(c) the number of animals of each type in respect of which a livestock 
aid application or a payment claim is being submitted and, for 
bovines, the identification code of the animals;  
(d) where applicable, an undertaking by the beneficiary to keep the 
animals referred to in point (c) on his holding during a period, 
determined by the Member State, and information on the location 
or locations where the animals will be held including the period 
concerned;  
(e) where appropriate, any supporting documents needed to establish 
the eligibility for the scheme or measure concerned;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 21  
(f) a statement by the beneficiary that he is aware of the conditions 
pertaining to the aid and/or support in question.  
2. Every animal keeper shall have the right to obtain from the 
competent authority without constraint, at reasonable intervals and 
without excessive delay, information on the data relating to him and 
his animals kept in the computerised database for animals. When 
submitting his livestock aid application or payment claim, the benefici ­
ary shall declare that that data is correct and complete or he shall rectify 
incorrect or complete missing data.  
3. Member States may decide that some of the information referred 
to in paragraph 1 need not to be included in the livestock aid application 
or payment claim, where it has already been communicated to the 
competent authority.  
4. Member States may introduce procedures by which data contained 
in the computerised database for animals may be used for the purposes 
of the livestock aid application or payment claim, provided that the 
computerised database for animals offers the level of assurance and 
implementation necessary for the proper management of the aid 
schemes or support measures involved at the level of individual animals.  
The procedures referred to in the first subparagraph may consist of a 
system according to which a beneficiary may apply for aid and/or 
support in respect of all animals which, at a date or during a period 
determined by the Member State, qualify for aid and/or support on the 
basis of the data contained in the computerised database for animals.  
In that case, Member States shall take the necessary measures to 
guarantee that:  
(a) in accordance with the provisions applicable to the aid scheme 
and/or support measure in question, the date or the period 
referred to in the second subparagraph are clearly identified and 
known to the beneficiary;  
(b) the beneficiary is aware that any potentially eligible animals found 
not to be correctly identified or registered in the system for the 
identification and registration for animals shall count as animals 
found with non-compliances as referred to in Article 31 of 
Delegated Regulation (EU) No 640/2014.  
▼M4 
4a. For short production-cycle species supported under Article 33 of 
Regulation (EU) No 1305/2013 Member States may, in the absence of a 
computerised database, introduce procedures by which data contained in 
the slaughter certificates or in other supporting documents are to be 
used for the purposes of the livestock payment claim. Those data 
shall offer the level of assurance and implementation necessary for 
the proper management of the support measure involved at the level 
of individual animals.  
The procedures referred to in the first subparagraph may consist of a 
system according to which a beneficiary applies for support in respect 
of all animals which, at a date or during a period determined by the 
Member State, qualify for support on the basis of the data contained in 
the slaughter certificates or in other supporting documents.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 22  
In that case, Member States shall take the necessary measures to 
guarantee that in accordance with the provisions applicable to the 
support measure in question, the date or the period referred to in the 
second subparagraph are clearly identified and known to the beneficiary.  
▼B 
5. Member States may provide that some of the information referred 
to in paragraph 1 can or shall be forwarded via a body or bodies 
approved by them. However, the beneficiary shall remain responsible 
for the data transmitted.  
S e c t i o n 4  
S p e c i f i c p r o v i s i o n s p e r t a i n i n g t o p a y m e n t 
e n t i t l e m e n t s  
Article 22  
Allocation or increase of the value of payment entitlements  
1. Applications for allocation of payment entitlements or the increase 
of the value of payment entitlements under the basic payment scheme in 
accordance with Article 20, Article 24, Article 30, except paragraph 
7(e), and Article 39 of Regulation (EU) No 1307/2013 shall be 
submitted by a date to be fixed by the Member States. The date fixed 
shall not be later than 15 May of the relevant calendar year.  
However, Estonia, Latvia, Lithuania, Finland and Sweden may fix a 
later date which shall not be later than 15 June of the relevant 
calendar year.  
2. Member States may decide that the application for allocation of 
payment entitlements shall be submitted at the same time as the aid 
application under the basic payment scheme.  
Article 23  
Recovery of undue payment entitlements  
1. Where, after payment entitlements have been allocated to bene ­
ficiaries in accordance with Regulation (EU) No 1307/2013, it is estab ­
lished that the number of payment entitlements allocated was too high, 
the number of allocated payment entitlements in excess shall revert to 
the national reserve or regional reserves referred to in Article 30 of 
Regulation (EU) No 1307/2013.  
Where the error referred to in the first subparagraph was made by the 
competent authority or by another authority and if the error could not 
reasonably have been detected by the beneficiary, the value of the 
remaining payment entitlements allocated to that beneficiary shall be 
adjusted accordingly.  
Where the beneficiary concerned by the allocation of a too high number 
of payment entitlements, meanwhile, has transferred payment 
entitlements to other beneficiaries, the transferees shall also be bound 
by the obligation provided for in the first subparagraph in proportion to  ▼M4
 02014R0809 — EN — 16.05.2018 — 005.001 — 23  
the number of payment entitlements which have been transferred to 
them if the beneficiary to whom the payment entitlements had 
initially been allocated does not have a sufficient number of payment 
entitlements at his disposal to cover the number of undue payment 
entitlements.  
2. Where, after payment entitlements have been allocated to bene ­
ficiaries in accordance with Regulation (EU) No 1307/2013, it is estab ­
lished that the payments received by a beneficiary for 2014 as referred 
to in the first subparagraph of Article 26(2) of that Regulation, or the 
value of the payment entitlements held by a beneficiary on the date of 
submission of his application for 2014 as referred to in the first sub ­
paragraph of Article 26(3) of that Regulation, or the unit value of the 
payment entitlements as referred to in Article 26(5) of that Regulation, 
or the increase of the unit value of payment entitlements as provided for 
in Article 30(10) of that Regulation, or the total value of aid received by 
a beneficiary for the calendar year preceding the implementation of the 
basic payment scheme as referred to in the first subparagraph of 
Article 40(3) of that Regulation, were too high, the value of those 
payment entitlements based on the incorrect reference for the benefici ­
ary concerned shall be adjusted accordingly.  
That adjustment shall also be carried out in respect of payment 
entitlements which have, meanwhile, been transferred to other benefici ­
aries.  
The value of the reduction shall revert to the national reserve or regional 
reserves referred to in Article 30 of Regulation (EU) No 1307/2013.  
3. Where, after payment entitlements have been allocated to bene ­
ficiaries in accordance with Regulation (EU) No 1307/2013, it is estab ­
lished that for the same beneficiary, both the situation referred to in 
paragraph 1 and that referred to in paragraph 2 occurred, the adjustment 
of the value of all payment entitlements as referred to in paragraph 2 
shall be made before the undue payment entitlements revert to the 
national reserve or regional reserves in accordance with paragraph 1.  
4. The adjustments of the number and/or value of payment 
entitlements provided for in this Article shall not lead to a systematic 
recalculation of the remaining payment entitlements.  
5. Member States may decide not to recover undue payment 
entitlements where the total value of those payment entitlements as 
set out in the electronic register for identification and registration of 
payment entitlements at the time the verifications in view of making the 
adjustments provided for in this Article take place is EUR 50 or less for 
any of the years in which the basic payment scheme is implemented in 
accordance with Regulation (EU) No 1307/2013.  
Undue amounts paid in respect of the claim years preceding the 
adjustments shall be recovered in accordance with Article 7 of this 
Regulation. When determining such undue amounts, account shall be 
taken of the impact of the adjustments provided for in this Article on 
the number and, where relevant, the value of the payment entitlements 
for all the years concerned.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 24  
TITLE III  
CHECKS  
CHAPTER I  
Common provisions  
Article 24  
General principles  
1. Administrative checks and on-the-spot checks provided for in this 
Regulation shall be made in such a way as to ensure effective verifi ­
cation of:  
(a) the correctness and completeness of the information provided in the 
aid application, application for support, payment claim or other 
declaration;  
(b) compliance with all eligibility criteria, commitments and other obli ­
gations for the aid scheme and/or support measure concerned, the 
terms under which aid and/or support or exemption from obligations 
are granted;  
(c) the requirements and standards relevant for cross-compliance.  
2. Member States shall ensure that compliance with all conditions 
applicable established by Union law or laid down in relevant national 
law and documents containing implementing arrangements or by the 
rural development programme can be checked according to a set of 
verifiable indicators to be established by the Member States.  
3. The results of the administrative and on-the-spot checks shall be 
assessed to establish whether any problems encountered could in general 
entail a risk for other similar operations, beneficiaries or other bodies. 
The assessment shall also identify the causes of such situations, any 
further examination which may be required and necessary corrective and 
preventive actions.  
▼M6 
4. The competent authority shall carry out physical inspections in the 
field in the event that photo-interpretation of satellite or aerial ortho- 
images or other relevant evidence including evidence provided by the 
beneficiary at the request of the competent authority do not provide 
results that would permit definitive conclusions to be drawn to the 
satisfaction of the competent authority concerning the eligibility or, 
where applicable, the correct size of the area that is the subject of 
administrative or on-the-spot checks.  
▼B 
5. This Chapter shall apply to all checks carried out under this 
Regulation and without prejudice to specific rules provided for in 
Title IV and V. Paragraph 3 shall however not apply to Title V.  
Article 25  
Announcement of on-the-spot checks  
On-the-spot checks may be announced provided that it does not 
interfere with their purpose or effectiveness. Any announcement shall 
be strictly limited to the minimum time period necessary and shall not 
exceed 14 days.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 25  
However, for on-the-spot checks concerning livestock aid applications 
or payment claims under animal-related support measures or 
commitments notified in accordance with Article 14a(5), the 
announcement shall not exceed 48 hours, except in duly justified 
cases. Furthermore, where the legislation applicable to the acts and 
standards relevant to cross-compliance requires the on-the-spot check 
to be unannounced, those rules shall also apply in the case of on-the- 
spot checks related to cross-compliance.  
▼B 
Article 26  
Timing of on-the-spot checks  
1. Where appropriate, on-the-spot checks provided for in this Regu ­
lation shall be carried out at the same time as any other checks provided 
for in Union law.  
2. For the purpose of rural development measures in the scope of the 
integrated system, the on-the-spot checks shall be spread over the year 
on the basis of an analysis of the risks presented by the different 
commitments under each measure.  
▼M1 
The on-the-spot checks on commitments notified in accordance with 
Article 14a(5) shall be carried out within the time limits that ensure 
an effective verification of the commitment notified.  
▼B 
3. On-the-spot checks shall verify compliance with all eligibility 
criteria, commitments and other obligations of those aid schemes or 
support measures for which a beneficiary has been selected in 
accordance with Article 34.  
The duration of on-the-spot checks shall be strictly limited to the 
minimum time period necessary.  
4. Where certain eligibility criteria, commitments and other obli ­
gations can only be checked during a specific time period, the on-the- 
spot checks may require additional visits at a later date. In such a case, 
the on-the-spot checks shall be coordinated in such a way to limit the 
number and the duration of such visits to one beneficiary to the 
minimum required. Where appropriate, such visits may also be carried 
out by way of remote sensing in accordance with Article 40.  
Where additional visits relating to land laying fallow, field margins, 
buffer strips, strips of eligible hectares along forest edges, catch crops 
and/or green cover declared as ecological focus area are required, the 
number of those additional visits shall for 50 % of the cases concern the 
same beneficiary, selected on a risk based basis, and for the remaining 
50 % of the cases different additionally selected beneficiaries. The 
different additional beneficiaries shall be selected randomly from all 
beneficiaries having land laying fallow, field margins, buffer strips, 
strips of eligible hectares along forest edges, catch crops and/or green 
cover declared as ecological focus area and such visits may be limited 
to the areas declared as land laying fallow, field margins, buffer strips, 
strips of eligible hectares along forest edges, catch crops and/or green 
cover.  ▼M1
 02014R0809 — EN — 16.05.2018 — 005.001 — 26  
Where additional visits are required, Article 25 shall apply to each 
additional visit.  
Article 27  
Cross-notification of results of checks  
Where applicable, administrative and on-the-spot checks on eligibility 
shall take into account suspected cases of non-compliance reported by 
other services, bodies or organisations.  
Member States shall ensure that all relevant findings made in the 
framework of the checks on compliance with the eligibility criteria, 
commitments and other obligations in respect of the schemes listed in 
Annex I to Regulation (EU) No 1307/2013 and/or support under rural 
development measures in the scope of the integrated system are cross- 
notified to the relevant competent authority in charge of granting the 
corresponding payment. Member States shall also ensure that public or 
private certification authorities referred to in Article 38 of Delegated 
Regulation (EU) No 639/2014 notify the competent authority in charge 
of granting the payment for agricultural practices beneficial for the 
climate and the environment of any finding relevant for the correct 
granting of such payment to beneficiaries who opted for fulfilling 
their obligations through the equivalence by certification.  
Where the administrative or on-the-spot checks in relation to rural 
development measures in the scope of the integrated system cover 
equivalent practices as referred to in Article 43(3) of Regulation (EU) 
No 1307/2013, the results of such checks shall be cross-notified for 
follow-up in respect of granting the payment for agricultural practices 
beneficial for the climate and the environment.  
CHAPTER II  
Administrative checks within the integrated system  
Article 28  
Administrative checks  
1. The administrative checks referred to in Article 74 of Regulation 
(EU) No 1306/2013, including cross-checks, shall permit the detection 
of non-compliances, in particular the automated detection using 
computerised means. The checks shall cover all elements that are 
possible and appropriate to control by means of administrative checks. 
They shall ensure that:  
(a) the eligibility criteria, commitments and other obligations for the aid 
scheme or support measure are fulfilled;  
(b) there is no double financing through other Union schemes;  
(c) the aid application or payment claim is complete and submitted 
within the relevant time-limit and, where applicable, that supporting 
documents have been submitted and that they prove eligibility;  
(d) there is compliance with long-term commitments, where appro ­
priate.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 27  
2. In respect of animal aid schemes and animal-related support 
measures, Member States may, where appropriate, make use of 
evidence received from other services, bodies or organisations to 
verify the compliance with the eligibility criteria, commitments and 
other obligations, provided that the service, body or organisation in 
question is operating to a standard sufficient to control such compliance.  
Article 29  
Cross-checks  
1. Where appropriate, the administrative checks shall include cross- 
checks:  
(a) on declared payment entitlements and on declared agricultural 
parcels, respectively, in order to avoid multiple granting of the 
same aid or support in respect of the same calendar or claim year 
and to prevent any undue accumulation of aid granted under area- 
related aid schemes listed in Annex I to Regulation (EU) No 
1307/2013 and Annex VI to Council Regulation (EC) No 
73/2009 (  1 ), and area-related support measures as defined in point 
(21) of the second subparagraph of Article 2 of Delegated Regu ­
lation (EU) No 640/2014;  
(b) on the payment entitlements to verify their existence and the eligi ­
bility for aid;  
(c) between the agricultural parcels as declared in the single application 
and/or payment claim and the information as contained in the identi ­
fication system for agricultural parcels per reference parcel in 
accordance with Article 5(2) of Delegated Regulation (EU) No 
640/2014 to verify the eligibility for direct payment scheme 
and/or rural development measure of the areas as such;  
(d) between the payment entitlements and the area determined in order 
to verify that the entitlements are accompanied by at least an equal 
number of eligible hectares as defined in Article 32(2) to (6) of 
Regulation (EU) No 1307/2013;  
(e) by means of the system for the identification and registration of 
animals, to verify eligibility for the aid and/or support and to 
avoid undue multiple granting of the same aid and/or support in 
respect of the same calendar or claim year;  
(f) between the declarations of the beneficiary in the single application 
to be a member of an approved inter-branch organisation, the 
information under Article 17(8) of this Regulation and the 
information transmitted by the approved inter-branch organisations 
concerned, to verify eligibility for the increase of the aid provided 
for in Article 60(2) of Regulation (EU) No 1307/2013;  ▼B 
( 1 ) Council Regulation (EC) No 73/2009 of 19 January 2009 establishing 
common rules for direct support schemes for farmers under the common 
agricultural policy and establishing certain support schemes for farmers, 
amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 
378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, 
p. 16).
 02014R0809 — EN — 16.05.2018 — 005.001 — 28  
(g) to verify the compliance with the criteria for the approval of inter- 
branch organisations and the list of their members at least once 
every 5 years.  
For the purposes of point (c) of the first subparagraph, where the 
integrated system provides for geo-spatial aid application forms, the 
cross-checks shall be carried out as spatial intersection of the digitised 
area declared with the identification system of agricultural parcels. In 
addition, cross-checks shall be carried out to prevent double claiming of 
the same area.  
▼M6 
Data from applications or concerning applicants found not to be 
admissible or not eligible for payment as referred to in Article 34(1) 
shall be used for the purposes of points (a), (c) and (e) of the first 
subparagraph of this paragraph.  
▼B 
2. Indications of non-compliance resulting from cross-checks shall be 
followed-up by any other appropriate administrative procedure, and 
where necessary, by an on-the-spot check.  
3. Where a reference parcel is subject to an aid application and/or 
payment claim by two or more beneficiaries under the same aid scheme 
or under the same support measure and where the agricultural parcels 
declared are spatially overlapping or where the overall area declared 
exceeds the maximum eligible area determined in accordance with 
points (a) and (b) of Article 5(2) of Delegated Regulation (EU) No 
640/2014, and the difference falls within the measurement tolerance 
defined in accordance with Article 38 of this Regulation in respect of 
that reference parcel, Member State may provide for a proportional 
reduction of the areas concerned, unless a beneficiary demonstrates 
that any of the other beneficiaries concerned over-declared his areas 
to the detriment of the former.  
CHAPTER III  
On-the-spot checks within the integrated system  
S e c t i o n 1  
C o m m o n p r o v i s i o n s  
Article 30  
Control rate for area-related aid schemes other than the payment 
for agricultural practices beneficial for the climate and environment  
For area-related aid schemes other than the payment for agricultural 
practices beneficial for the climate and the environment in accordance 
with Chapter 3 of Title III of Regulation (EU) No 1307/2013 (here ­
inafter referred to as ‘the greening payment’), the control sample for on- 
the-spot checks carried out each year shall cover at least:  
(a) 5 % of all beneficiaries applying for the basic payment scheme or 
the single area payment scheme in accordance with Chapter 1 of 
Title III of Regulation (EU) No 1307/2013. Member States shall 
ensure that the control sample contains at least 5 % of all bene ­
ficiaries declaring mainly agricultural areas which are areas 
naturally kept in a state suitable for grazing in accordance with 
Article 10(1) of Delegated Regulation (EU) No 639/2014;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 29  
(b) 5 % of all beneficiaries applying for the redistributive payment in 
accordance with Chapter 2 of Title III of Regulation (EU) No 
1307/2013;  
(c) 5 % of all beneficiaries applying for the payment for areas with 
natural constraints in accordance with Chapter 4 of Title III of 
Regulation (EU) No 1307/2013;  
(d) 5 % of all beneficiaries applying for the payment for young farmers 
in accordance with Chapter 5 of Title III of Regulation (EU) No 
1307/2013;  
(e) 5 % of all beneficiaries applying for area-related payments under 
voluntary coupled support in accordance with Chapter 1 of Title IV 
of Regulation (EU) No 1307/2013;  
(f) 5 % of all beneficiaries applying for the payment under the small 
farmers scheme in accordance with Title V of Regulation (EU) No 
1307/2013;  
(g) 30 % of the areas declared for the production of hemp in 
accordance with Article 32(6) of Regulation (EU) No 1307/2013;  
(h) 5 % of all beneficiaries applying for the crop specific payment for 
cotton in accordance with Chapter 2 of Title IV of Regulation (EU) 
No 1307/2013.  
Article 31  
Control rate for the greening payment  
1. For the greening payment, the control sample for on-the-spot 
checks carried out each year shall cover at least:  
(a) 5 % of all beneficiaries required to observe the agricultural practices 
beneficial for the climate and the environment (hereinafter referred 
to as ‘the greening practices’), and who are not part of the control 
populations referred to in points (b) and (c) (hereinafter referred to 
as ‘the control population for greening’); this sample shall, at the 
same time, cover at least 5 % of all beneficiaries having areas 
covered with permanent grasslands which are environmentally 
sensitive in areas covered by Council Directive 92/43/EEC (  1 ) or 
Directive 2009/147/EC of the European Parliament and of the 
Council (  2 ) and further sensitive areas referred to in Article 45(1) 
of Regulation (EU) No 1307/2013;  
(b) 3 % 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;  ▼B 
( 1 ) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural 
habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 
( 2 ) Directive 2009/147/EC of the European Parliament and of the Council of 
30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, 
p. 7).
 02014R0809 — EN — 16.05.2018 — 005.001 — 30  
(ii) or, in the years where Article 44 of Delegated Regulation (EU) 
No 639/2014 does not apply in a Member State, the bene ­
ficiaries 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(1) of that Regulation;  
(c) 5 % of all beneficiaries required to observe the greening practices 
and using national or regional environmental certification schemes 
as referred to in Article 43(3)(b) of Regulation (EU) No 1307/2013;  
(d) 5 % of all beneficiaries participating in a regional implementation in 
accordance with Article 46(5) of Regulation (EU) No 1307/2013;  
(e) 5 % of the collective implementation in accordance with 
Article 46(6) of Regulation (EU) No 1307/2013;  
(f) 100 % of the contiguous structures of adjacent ecological focus 
areas as referred to in Article 46(3) of Delegated Regulation (EU) 
No 639/2014;  
▼M6 
(g) 100 % of all parcels on which an obligation to re-convert land into 
land under permanent grassland according to Article 42 of 
Delegated Regulation (EU) No 639/2014 applies;  
▼B 
(h) 20 % of all beneficiaries with an obligation to re-convert land into 
land under permanent grassland according to Article 44(2) and (3) 
of Delegated Regulation (EU) No 639/2014.  
2. Beneficiaries who observe the greening practices through 
equivalent practices in accordance with Article 43(3)(a) of Regulation 
(EU) No 1307/2013 or who participate in the small farmers scheme in 
accordance with Article 61 of that Regulation or who comply for the 
whole holding with the requirements laid down in Article 29(1) of 
Council Regulation (EC) No 834/2007 (  1 ) as regards organic farming 
shall not be part of the control sample and shall not be counted against 
the control rates laid down in this Article.  
▼M1 
3. Where the ecological focus areas are not identified in the identi ­
fication system for agricultural parcels as referred to in Article 70 of 
Regulation (EU) No 1306/2013, the control rate laid down in points (a) 
and (c) to (e) of paragraph 1 shall be supplemented by 5 % of all 
beneficiaries of the respective control population who are required to 
have ecological focus area on the agricultural area in accordance with 
Articles 43 and 46 of Regulation (EU) No 1307/2013.  
▼B 
However, the first subparagraph shall not apply where the administra ­
tion and control system ensures that all ecological focus areas declared 
are identified and, where applicable, recorded in the identification 
system for agricultural parcels in accordance with Article 5(2)(c) of 
Delegated Regulation (EU) No 640/2014 before payment.  ▼B 
( 1 ) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic 
production and labelling of organic products and repealing Regulation 
(EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
 02014R0809 — EN — 16.05.2018 — 005.001 — 31  
Article 32  
Control rate for rural development measures  
1. The control sample for on-the-spot checks carried out each year 
shall cover at least 5 % of all beneficiaries applying for rural develop ­
ment measures. For the measures provided for in Articles 28 and 29 of 
Regulation (EU) No 1305/2013, the control rate of 5 % shall be 
achieved at the level of the individual measure.  
That control sample shall also represent at least 5 % of the beneficiaries 
of Article 28 of Regulation (EU) No 1305/2013 that include equivalent 
practices as referred to in Article 43(3) of Regulation (EU) No 
1307/2013.  
2. By way of derogation from paragraph 1, in the case of groups of 
persons as referred to in Articles 28 and 29 of Regulation (EU) No 
1305/2013, each individual member of such groups may be considered 
as beneficiary for the purpose of calculation of the control rate laid 
down in paragraph 1.  
▼M1 
2a. By way of derogation from paragraphs 1 and 2, where a Member 
State uses the option to introduce the collective claim, the control 
sample for on-the-spot checks carried out each year shall cover at least:  
(a) 5 % of all collectives submitting a collective claim; this sample 
shall, at the same time, cover at least 5 % of the total area 
declared in the collective claim in accordance with Article 14a(3); 
and 
(b) 5 % of the commitments notified in accordance with Article 14a(5).  
▼B 
3. For beneficiaries of multi-annual support granted in accordance 
with Articles 21(1)(a), 28, 29 and 34 of Regulation (EU) No 
1305/2013 or Article 36(a)(iv) and (v), (b)(i), (iii) and (v) of Regulation 
(EC) No 1698/2005 involving payments exceeding five years, the 
Member States may decide, after the fifth year of payment, to check 
at least 2,5 % of those beneficiaries.  
The first subparagraph shall apply to support granted under the third 
subparagraph of Article 28(6) of Regulation (EU) No 1305/2013 after 
the fifth year of the payment for the relevant commitment.  
▼M1 
Where a Member State uses the option to introduce the collective claim, 
this paragraph shall not apply to collectives.  
▼B 
4. Beneficiaries checked under paragraph 3 shall not be taken into 
account for the purpose of paragraph 1.  
Article 33  
Control rate for animal aid schemes  
1. For animal aid schemes, the control sample for on-the-spot checks 
carried out each year shall for each of the aid schemes cover at least 
5 % of all beneficiaries applying for that respective aid scheme.  
However, where the computerised database for animals does not offer 
the level of assurance and implementation necessary for the proper 
management of the aid scheme involved the percentage shall be 10 % 
for the respective aid scheme.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 32  
The control sample selected shall cover at least 5 % of all animals for 
which aid is applied for per aid scheme.  
2. Where applicable, the control sample for on-the-spot checks 
carried out each year shall cover 10 % of other services, bodies or 
organisations that provide evidence to verify the compliance with the 
eligibility criteria, commitments and other obligations as referred to in 
Article 28(2).  
▼M2 
Article 33a  
Additional control rate for on-the-spot checks to follow-up the 
beneficiaries referred to in Article 19a(2) of Delegated Regulation 
(EU) No 640/2014  
1. The beneficiaries who were subject to a reduced administrative 
penalty in accordance with Article 19a(2) of Delegated Regulation 
(EU) No 640/2014 for an area-related aid scheme or support measure 
following an over-declaration identified in the course of an on-the-spot 
check shall be subject to a follow-up on-the-spot check for that given 
aid scheme or support measure in the following claim year.  
▼M6 
2. The follow-up on-the-spot check referred to in paragraph 1 shall 
not be necessary where the over-declaration identified has led to an up- 
date of the reference parcels concerned in the identification system for 
agricultural parcels as referred to in Article 5 of Delegated Regulation 
(EU) No 640/2014 in the year of the finding or where checks by 
monitoring as referred to in Article 40a of this Regulation are carried 
out for the aid scheme or support measure in question in the following 
claim year and allow the competent authority to conclude whether the 
administrative penalty set out in Article 19a(3) of Delegated Regulation 
(EU) No 640/2014 shall be applied.  
▼B 
Article 34  
Selection of the control sample 
▼M6 
1. Applications or applicants found not to be admissible or not 
eligible for payment at the time of submission or after administrative 
or on-the-spot checks shall not form part of the control population.  
2. For the purposes of Articles 30 and 31, the sample selection shall 
ensure that:  
(a) between 1 % and 1,25 % of the control population referred to in 
points (a) to (f) and (h) of Article 30 and in points (a), (c), (d) and 
(e) of Article 31(1) shall be selected randomly;  
(b) between 0,6 % and 0,75 % of the control population referred to in 
point (b) of Article 31(1) shall be selected randomly;  
(c) between 4 % and 5 % of the control population referred to in point 
(h) of Article 31(1) shall be selected randomly;  
(d) the remaining number of beneficiaries in the control sample referred 
to in points (a) to (e) and (h) of Article 31(1) shall be selected on 
the basis of a risk analysis.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 33  
For the purposes of Article 31, Member States shall ensure representa ­
tiveness of the control sample as regards the different practices.  
The additional beneficiaries to be subject to on-the-spot checks for the 
purposes of the first subparagraph of Article 31(3) shall be selected on 
the basis of a risk analysis.  
3. For the purposes of Articles 32 and 33, between 20 % and 25 % 
of the minimum number of beneficiaries to be subject to on-the-spot 
checks and, where Article 32(2a) applies, 100 % of the collectives and 
between 20 % and 25 % of the commitments to be subject to on-the- 
spot checks shall be selected randomly. The remaining number of bene ­
ficiaries and commitments to be subject to on-the-spot checks shall be 
selected on the basis of a risk analysis.  
For the purposes of Articles 32 and 33, the random part of the sample 
may also include either the beneficiaries already randomly selected in 
accordance with points (a), (b) and (c) of paragraph 2 or the additional 
beneficiaries selected randomly in accordance with the second subpara ­
graph of Article 26(4) or both. The number of such beneficiaries in the 
control sample shall not go beyond their proportion in the control 
population.  
For the purposes of Article 32, Member States may, as a result of the 
risk analysis, select specific rural development measures which apply to 
the beneficiaries.  
▼B 
4. If the number of beneficiaries to be subject to on-the-spot checks 
exceeds the minimum number of beneficiaries referred to in Articles 30 
to 33, the percentage of randomly selected beneficiaries in the additional 
sample shall not exceed 25 %.  
▼M6 
4a. For the purposes of Articles 30 to 33 and point (c) of 
Article 40a(1), the same beneficiary may be used to respect several of 
the minimum control rates concerned provided that the effectiveness of 
selection of the risk based samples required therein is not affected.  
The on-the-spot check regarding the selected beneficiaries may be 
limited to the aid scheme or rural development measure they have 
been selected for if the minimum control rates of the other aid 
schemes or support measures they applied for are already respected.  
▼B 
5. The effectiveness of the risk analysis shall be assessed and 
updated on an annual basis as follows:  
(a) by establishing the relevance of each risk factor;  
▼M6 
(b) by comparing the results as regards the difference between the area 
declared and the area determined of the risk based and randomly 
selected sample; or by comparing the results as regards the 
difference between the animals declared and the animals determined 
of the risk based and randomly selected sample;  
▼B 
(c) by taking into account the specific situation and, where appropriate, 
evolution of the risk factors’ relevance in the Member State;  
(d) by taking into account the nature of the non-compliance that prompt 
an increase of the control rate in accordance with Article 35.  ▼M6
 02014R0809 — EN — 16.05.2018 — 005.001 — 34  
6. The competent authority shall keep records of the reasons for the 
selection of each beneficiary for an on-the-spot check. The inspector 
carrying out the on-the-spot check shall be informed accordingly prior 
to the commencement of the on-the-spot check.  
7. Where appropriate, a partial selection of the control sample may 
be made on the basis of available information before the final date 
referred to in Article 13. That provisional sample shall be completed 
when all relevant aid applications or payment claims are available.  
Article 35  
Increase of the control rate  
Where on-the-spot checks reveal any significant non-compliance in the 
context of a given aid scheme or support measure or in a region or part 
of a region, the competent authority shall appropriately increase the 
percentage of beneficiaries to be checked on-the-spot in the following 
year.  
Article 36  
Reduction of the control rate  
1. The control rates laid down in this Chapter may only be reduced 
in respect of aid schemes or support measures set out in this Article.  
2. By way of derogation from Article 30(a), (b) and (f), Member 
States may, as regards the basic payment scheme, the single area 
payment scheme, the re-distributive payment and the small farmers 
scheme, decide to reduce the minimum level of on-the-spot checks 
carried out each year per scheme to 3 %.  
▼M1 
The first subparagraph shall only apply if a system of spatial inter ­
section of all aid applications with the identification system for agri ­
cultural parcels is in place in accordance with Article 17(2) for all 
beneficiaries.  
In respect of claim year 2015 the rate of errors found in the random 
sample checked on the spot shall not exceed 2 % in the preceding two 
financial years. That rate of errors shall be certified by the Member 
State in accordance with the established methodology drawn up at 
Union level.  
In respect of claim year 2016 the rate of errors found in the random 
sample checked on the spot shall not exceed 2 % in the preceding 
financial year. That rate of errors shall be certified by the Member 
State in accordance with the new methodology drawn up at Union 
level taking account of Article 7(4) of Commission Implementing Regu ­
lation (EU) No 908/2014 (  1 ). 
▼B 
3. By way of derogation from Article 30(a), (b) and (f), Member 
States may, as regards the basic payment scheme, the single area 
payment scheme, the re-distributive payment and the small farmers 
scheme, decide to reduce the control sample to the sample  ▼B 
( 1 ) Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 
laying down rules for the application of Regulation (EU) No 1306/2013 of 
the European Parliament and of the Council with regard to paying agencies 
and other bodies, financial management, clearance of accounts, rules on 
checks, securities and transparency (OJ L 255, 28.8.2014, p. 59)
 02014R0809 — EN — 16.05.2018 — 005.001 — 35  
selected in accordance with point (a) of the first subparagraph of 
Article 34(2) if checks based on the ortho-images used for the update 
of the identification system for agricultural parcels referred to in 
Article 70 of Regulation (EU) No 1306/2013 are carried out.  
The first subparagraph shall only apply if Member States systematically 
update the identification system for agricultural parcels and check all 
beneficiaries in the entire area covered by it within a period of 
maximum three years, covering per year at least 25 % of the eligible 
hectares recorded in the identification system for agricultural parcels. 
However, that minimum coverage percentage per year shall not apply to 
Member States with less than 150 000 eligible hectares recorded in the 
identification system for agricultural parcels.  
Before applying the first subparagraph, Member States shall have made 
a complete update of the identification system for agricultural parcels 
concerned within the previous three years.  
The ortho-images used for the update shall not be older than 15 months 
at the date of their use for the purpose of the update of the identification 
system for agricultural parcels.  
The quality of the identification system for agricultural parcels as 
assessed in accordance with Article 6 of Delegated Regulation (EU) 
No 640/2014 during the two years preceding the application of the 
first subparagraph shall be sufficient to ensure effective verification of 
the conditions under which aid is granted.  
The decision referred to in the first subparagraph may be taken at 
national level or regional level. For the purposes of this subparagraph, 
a region shall be comprised of the whole area covered by one or more 
autonomous identification systems for agricultural parcels.  
▼M1 
The third and fourth subparagraphs of paragraph 2 shall apply  mutatis 
mutandis . 
▼B 
4. By way of derogation from Article 32(1), Member States may 
decide to reduce the minimum level of on-the-spot checks carried out 
each calendar year to 3 % of the beneficiaries applying for rural devel ­
opment measures in the scope of the integrated system.  
▼M1 
However, the first subparagraph shall not apply in relation to bene ­
ficiaries that include equivalent practices as referred to in Article 43(3) 
of Regulation (EU) No 1307/2013 and to collectives and commitments 
which are selected in accordance with Article 32(2a) of this Regulation.  
▼B 
5. ►M1 Paragraphs 2, 3 and 4 shall only apply if the general 
conditions for reducing the minimum level of on-the-spot checks laid 
down in Article 41 of Implementing Regulation (EU) No 908/2014 are 
fulfilled. ◄ Where any of those conditions or the conditions laid down 
in paragraphs 2 or 3 of this Article are no longer met, Member States 
shall immediately revoke their decision to reduce the minimum level of 
on-the-spot checks and shall apply the minimum level of on-the-spot 
checks provided for in Article 30(a), (b) and (f) and/or Article 32 as of 
the following claim year for the aid schemes or support measures 
concerned.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 36  
6. By way of derogation from Article 30(g), where a Member State 
introduces a system of prior approval for the cultivation of hemp, the 
minimum level of on-the-spot checks may be reduced to 20 % of the 
areas declared for the production of hemp as referred to in Article 32(6) 
of Regulation (EU) No 1307/2013.  
In that case, the Member State shall notify the Commission of its 
detailed rules and conditions linked to its system of prior approval 
the year before the application of the reduced control rate. Any 
amendments to those detailed rules or conditions shall be notified to 
the Commission without undue delay.  
S e c t i o n 2  
O n - t h e - s p o t c h e c k s w i t h r e g a r d t o a i d 
a p p l i c a t i o n s f o r a r e a - r e l a t e d a i d s c h e m e s a n d 
p a y m e n t c l a i m s f o r a r e a - r e l a t e d s u p p o r t 
m e a s u r e s  
Article 37  
Elements of on-the-spot checks  
1. On-the-spot checks shall cover all the agricultural parcels for 
which aid is requested under schemes listed in Annex I to Regulation 
(EU) No 1307/2013 and/or for which support is requested under rural 
development measures in the scope of the integrated system.  
With regard to the control of the rural development measures provided 
for in Article 21(1)(a) and Articles 30 and 34 of Regulation (EU) No 
1305/2013, the on-the-spot checks shall also cover all non-agricultural 
land for which support is being claimed.  
The competent authority shall assess on the basis of the control results 
whether an update of the corresponding reference parcels is required, 
having regard to Article 5(3) of Delegated Regulation (EU) No 
640/2014.  
2. On-the-spot checks shall cover the area measurement and verifi ­
cation of the eligibility criteria, commitments and other obligations of 
the area declared by the beneficiary under the aid schemes and/or 
support measures referred to in paragraph 1.  
For beneficiaries applying for direct payments under the schemes listed 
in Annex I to Regulation (EU) No 1307/2013 and whose agricultural 
areas are mainly areas naturally kept in a state suitable for grazing or 
cultivation, the on-the-spot check shall also cover the verification of the 
minimum activity carried out on those areas as referred to in Article 9(1) 
of Regulation (EU) No 1307/2013.  
3. On-the-spot checks related to greening practices shall cover all 
obligations to be respected by the beneficiary. Where relevant, the 
compliance with the thresholds referred to in Articles 44 and 46 of 
Regulation (EU) No 1307/2013 for exemption from the practices shall 
form part of on-the-spot checks. This subparagraph shall also apply to 
the on-the-spot checks carried out in respect of national or regional 
environmental certification schemes as referred to in Article 43(3)(b) 
of Regulation (EU) No 1307/2013.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 37  
Where the on-the-spot check concerns a regional implementation in 
accordance with Article 46(5) of Regulation (EU) No 1307/2013, the 
on-the-spot check shall also cover the area measurement and verification 
of the obligations imposed by the Member State upon the beneficiaries 
or groups of beneficiaries.  
Where the on-the-spot check concerns a collective implementation in 
accordance with Article 46(6) of Regulation (EU) No 1307/2013, the 
on-the-spot check shall cover:  
(a) the verification of the criteria for close proximity set in accordance 
with Article 47(1) of Delegated Regulation (EU) No 639/2014;  
(b) the area measurement and verification of the criteria for the 
contiguous ecological focus areas;  
(c) the additional obligations imposed by the Member State upon the 
beneficiaries or groups of beneficiaries, where appropriate;  
(d) the individual greening obligations to be respected by the benefici ­
ary participating in the collective implementation.  
▼M1 
4. For collectives selected in accordance with point (a) of 
Article 32(2a), the on-the-spot checks shall cover the area measurement, 
verification of the eligibility criteria and other obligations of the area 
declared in the collective claim.  
For commitments selected in accordance with point (b) of Article 32(2a), 
the on-the-spot check shall cover the verification of the commitments 
notified.  
▼B 
Article 38  
Area measurement 
▼M6 
1. The eligibility checks and the actual area measurement of the 
agricultural parcel as part of an on-the-spot check may be limited to 
a randomly selected sample of at least 50 % of the agricultural parcels 
for which an aid application or payment claim has been submitted under 
the area-related aid schemes or rural development measures. When this 
sample check reveals any non-compliance, all agricultural parcels shall 
be measured and be subject to eligibility checks, or conclusions from 
the sample shall be extrapolated.  
▼B 
2. Agricultural parcel areas shall be measured by any means proven 
to assure measurement of quality at least equivalent to that required by 
applicable technical standards, as drawn up at Union level.  
3. The competent authority may make use of remote sensing in 
accordance with Article 40 and Global Navigation Satellite Systems 
(GNSS) techniques where possible.  
4. A single value buffer tolerance shall be defined for all area 
measurements performed using GNSS and/or ortho-imagery. For this 
purpose the measurement tools used shall be validated for at least one 
validation class of buffer tolerance below the single value. However, the 
single tolerance value shall not exceed 1.25 m.  
The maximum tolerance with regard to each agricultural parcel shall 
not, in absolute terms, exceed 1.0 ha.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 38  
However, for the measures referred to in Article 21(1)(a) and Articles 
30 and 34 of Regulation (EU) No 1305/2013 as far as the forestry area 
is concerned, Member States may define appropriate tolerances, which 
shall in no case be greater than twice the tolerance set out in the first 
subparagraph of this paragraph.  
5. The total area of an agricultural parcel may be taken into account 
in the measurement provided that it is fully eligible. In other cases the 
net eligible area shall be taken into account. For that purpose, the pro- 
rata system as referred to in Article 10 of Delegated Regulation (EU) 
No 640/2014 may be applied, where appropriate.  
6. For the purpose of the calculation of shares of different crops for 
crop diversification as referred to in Article 44 of Regulation (EU) No 
1307/2013, the area actually covered by one crop in accordance with 
Article 40(2) of Delegated Regulation (EU) No 639/2014 shall be taken 
into account for the measurement. On areas where mixed cropping is 
applied, the total area covered with mixed cropping in accordance with 
the first and the second subparagraphs of Article 40(3) of that Regu ­
lation or covered with a mixed crop in accordance with the third sub ­
paragraph of Article 40(3) of that Regulation shall be taken into 
account.  
7. Where  ►M6 Article 17 of Delegated Regulation (EU) No 
640/2014 ◄ may lead to an artificial division of the area of adjacent 
agricultural parcels with a homogeneous land cover type into separate 
agricultural parcels, the measurement of this area of adjacent agricultural 
parcels with a homogeneous land cover type shall be combined in one 
single measurement of the agricultural parcels concerned.  
8. Where appropriate,  ►M6 separate measurements ◄ shall be 
carried out on the agricultural parcel for the purpose of the basic 
payment scheme or the single area payment scheme in accordance 
with Chapter 1 of Title III of Regulation (EU) No 1307/2013 and a 
spatially different overlapping agricultural parcel for the purpose of the 
remaining area-related aid schemes and/or rural development measures, 
where appropriate.  
Article 39  
Verification of eligibility conditions 
▼M6 
1. The eligibility of agricultural parcels shall be verified by any 
appropriate means, including evidence provided by the beneficiary at 
the request of the competent authority. That verification shall also 
include a verification of the crop, where appropriate. To that end, ad ­
ditional proof shall be requested where necessary.  
▼B 
2. For permanent grassland which can be grazed and which forms 
part of the established local practices where grasses and other 
herbaceous forage are traditionally not predominant in grazing areas, 
the reduction coefficient according to Article 32(5) of Regulation 
(EU) No 1307/2013 may be applied, where appropriate, to the 
eligible area measured in accordance with Article 38 of this Regulation. 
Where an area is used in common, the competent authorities shall 
allocate it between the individual beneficiaries in proportion to their 
use or right of use of it.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 39  
3. Landscape features declared by beneficiaries as ecological focus 
area that are not included in the eligible area in accordance with Articles 
9 and 10 of Delegated Regulation (EU) No 640/2014 shall be verified 
according to the same principles as applicable to the eligible area.  
4. With regard to the control of rural development measures and 
where the Member States provide that particular elements of an on- 
the-spot check may be carried out on the basis of a sample, that 
sample shall guarantee a reliable and representative level of control. 
Member States shall establish the criteria for the selection of the 
sample. If the checks on that sample reveal any non-compliance, the 
extent and scope of the sample shall be extended appropriately.  
Article 40  
Checks with remote sensing  
Where a Member State carries out on-the-spot checks by remote 
sensing, the competent authority shall:  
(a) perform photo interpretation of ortho-images (satellite or aerial) of 
all agricultural parcels per aid application and/or payment claim to 
be checked with a view to recognising the land cover types, and 
where appropriate the crop type, and measuring the area;  
▼M6 
(b) carry out physical inspections in the field of all agricultural parcels 
for which photo interpretation or other relevant evidence requested 
by the competent authority does not make it possible to verify the 
accuracy of the declaration of areas to the satisfaction of the 
competent authority;  
▼B 
(c) carry out all checks required to verify the compliance with the 
eligibility criteria, commitments and other obligations of the agri ­
cultural parcels;  
(d) take alternative action to cover the area measurement in accordance 
with Article 38(1) of any parcels not covered by imagery.  
▼M6 
Article 40a  
Checks by monitoring  
1. Competent authorities may carry out checks by monitoring. Where 
they elect to do so, they shall:  
(a) set up a procedure of regular and systematic observation, tracking 
and assessment of all eligibility criteria, commitments and other 
obligations which can be monitored by Copernicus Sentinels 
satellite data or other data with at least equivalent value, over a 
period of time that allows to conclude on the eligibility of the aid or 
support requested;  
(b) carry out, where necessary, and in order to conclude on the eligi ­
bility of aid or support requested, appropriate follow-up activities;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 40  
(c) carry out checks for 5 % of the beneficiaries concerned by eligi ­
bility criteria, commitments and other obligations which cannot be 
monitored by Copernicus Sentinels satellite data or other data with 
at least equivalent value, and are relevant to conclude on the eligi ­
bility of aid or support. Between 1 % and 1,25 % of the bene ­
ficiaries shall be selected randomly. The remaining beneficiaries 
shall be selected on the basis of a risk analysis;  
(d) inform beneficiaries about the decision to carry out checks by moni ­
toring and set up appropriate tools to communicate with bene ­
ficiaries on at least warning alerts and evidence requested for the 
purposes of points (b) and (c).  
For the purposes of points (b) and (c), physical inspections in the field 
shall be carried out when relevant evidence, including evidence 
provided by the beneficiary at the request of the competent authority, 
does not allow to conclude on the eligibility of the aid or support 
requested. Physical inspections in the field may be limited to checks 
of eligibility criteria, commitments and other obligations that are 
relevant to conclude on the eligibility of the aid or support requested.  
2. Where the competent authority carries out checks by monitoring in 
accordance with paragraph 1, can demonstrate effective operational 
procedures fulfilling the requirements laid down in Articles 7, 17 and 
29 of this Regulation and has proven the quality of the identification 
system for agricultural parcels as assessed in accordance with Article 6 
of Delegated Regulation (EU) No 640/2014:  
(a) Articles 25, 26, 30, 31, 32, 34, 35, 36, Article 37(2), (3) and (4) and 
Articles 38 and 40 of this Regulation do not apply;  
(b) the verification of tetrahydrocannabinol content in hemp growth 
carried out in accordance with Article 9 of Delegated Regulation 
(EU) No 639/2014 shall be made for 30 % of the area or 20 % of 
the area in case the Member State has a system of prior approval in 
place.  
3. The competent authority may decide to apply checks by moni ­
toring at the level of the individual area-related aid scheme or support 
measure or type of operation or to defined groups of beneficiaries 
subject to on-the-spot checks for the greening payment, as referred to 
in points (a) to (h) of Article 31(1).  
In the first two years of application, the competent authority may decide 
to apply checks by monitoring to beneficiaries of an aid scheme or 
support measure in areas chosen on the basis of objective and non- 
discriminatory criteria. In such cases the areas subject to checks by 
monitoring in the second year of application shall be greater than in 
the first year of application.  
Where the competent authority decides to carry out checks in 
accordance with the first or second subparagraph, paragraphs 1 and 2 
shall apply only to the beneficiaries subject to checks by monitoring.  ▼M6
 02014R0809 — EN — 16.05.2018 — 005.001 — 41  
Article 40b  
Notifications  
Member States shall notify the Commission by 1 December of the 
calendar year preceding the calendar year in which they start carrying 
out checks by monitoring of their decision to opt for checks by moni ­
toring and indicate the schemes or measures or types of operations and, 
where relevant, the areas of such schemes or measures subject to checks 
by monitoring and the criteria used to select them.  
However, where the competent authority has decided to carry out 
checks by monitoring as from claim year 2018, the notification shall 
be made within one month after the entry into force of this Regulation 
in the  Official Journal of the European Union . 
▼B 
Article 41  
Control report  
1. Every on-the-spot check under this Section shall be the subject of 
a control report which makes it possible to review the details of the 
checks carried out and to draw conclusions on the compliance with the 
eligibility criteria, commitments and other obligations. The report shall 
indicate in particular:  
(a) the aid schemes or support measures, the aid applications or 
payment claims checked;  
(b) the persons present;  
(c) the agricultural parcels checked, the agricultural parcels measured 
including, where applicable, the result of the measurements per 
measured agricultural parcel and the measuring methods used;  
(d) where applicable, the results of the measurement of non-agricultural 
land for which support under rural development measures is being 
claimed and the measuring methods used;  
(e) whether notice of the check was given to the beneficiary and, if so, 
the period of prior notice;  
(f) indications of any specific control measures to be carried out in the 
context of individual aid schemes or support schemes;  
(g) indication of any further control measures carried out;  
(h) indication of any non-compliance found that could require cross- 
notification in view of other aid schemes, support measures and/or 
cross-compliance;  
(i) indication of any non-compliance found that could require follow- 
up during the following years.  
▼M6 
Where checks by monitoring are carried out in accordance with 
Article 40a, points (b) to (e) of the first subparagraph shall not apply. 
The control report shall indicate the results of the checks by monitoring 
at parcel level.  
▼B 
2. The beneficiary shall be given the opportunity to sign the report 
during the check to attest his presence at the check and to add obser ­
vations. Where Member States make use of a control report established 
by electronic means during the check, the competent authority  ▼M6
 02014R0809 — EN — 16.05.2018 — 005.001 — 42  
shall provide for the possibility of an electronic signature by the ben ­
eficiary or the control report shall be sent without delay to the benefici ­
ary giving him the opportunity to sign the report and to add any obser ­
vations. Where any non-compliance is found the beneficiary shall 
receive a copy of the control report.  
▼M1 
By way of derogation from the first subparagraph, where the Member 
State uses the option to introduce collective claims, the Member State 
may decide not to give the collective the opportunity to sign the control 
report if no non-compliance is revealed during the check. If any non- 
compliance is revealed as a consequence of such checks, the oppor ­
tunity to sign the report shall be given before the competent authority 
draws its conclusions from the findings with regard to any resulting 
reductions, refusals, withdrawals or penalties.  
▼M6 
Where the on-the-spot check is carried out by means of remote sensing 
in accordance with Article 40 or by means of monitoring in accordance 
with Article 40a, the Member States may decide not to give the ben ­
eficiary the opportunity to sign the control report if no non-compliance 
is revealed during the check by remote-sensing or by monitoring. If any 
non-compliance is revealed as a consequence of such checks or by 
monitoring, the opportunity to sign the report shall be given before 
the competent authority draws its conclusions from the findings with 
regard to any resulting reductions, refusals, withdrawals or administra ­
tive penalties.  
▼B 
S e c t i o n 3  
O n - t h e - s p o t c h e c k s o f l i v e s t o c k a i d a p p l i c a t i o n s 
a n d p a y m e n t c l a i m s u n d e r a n i m a l - r e l a t e d 
s u p p o r t m e a s u r e s  
Article 42  
On-the-spot checks  
1. On-the-spot checks shall verify that all eligibility criteria, 
commitments and other obligations are fulfilled and cover all animals 
for which aid applications or payment claims have been submitted under 
the animal aid schemes or animal-related support measures to be 
checked.  
Where the Member State has determined a period in accordance with 
Article 21(1)(d) at least 50 % of the minimum rate of on-the-spot 
checks provided for in Article 32 or Article 33 shall be spread 
throughout that period for the respective animal aid scheme or 
animal-related support measure.  ►M1 However, where the retention 
period starts before an aid application or payment claim has been 
submitted or where it cannot be fixed in advance, Member States 
may decide that the on-the-spot checks provided for in Article 32 or 
33 shall be spread over the period in which an animal may qualify for 
the payment or support. ◄ 
Where the Member State makes use of the possibility provided for in 
Article 21(3), the potentially eligible animals as defined in point (17) of 
the second subparagraph of Article 2(1) of Delegated Regulation (EU) 
No 640/2014 shall also be checked.  
On-the-spot checks shall include in particular a check that the number 
of animals present on the holding for which aid applications 
and/or payment claims have been submitted and, where applicable, the  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 43  
number of potentially eligible animals corresponds to the number of 
animals entered in the registers and to the number of animals notified 
to the computerised database for animals.  
2. On-the-spot checks shall also include checks:  
(a) of the correctness and coherence of entries in the register and the 
notifications to the computerised database for animals on the basis 
of a sample of supporting documents such as purchase and sales 
invoices, slaughter certificates, veterinary certificates and, where 
applicable, animal passports or movement documents, in relation 
to animals for which aid applications or payment claims were 
submitted in the six months prior to the on-the-spot check; 
however if anomalies are found, the check shall be extended to 
12 months prior to the on-the-spot check;  
(b) that bovine or ovine/caprine animals are identified by ear tags or 
other means of identification, accompanied, where applicable, by 
animal passports or movement documents and that they are 
recorded in the register and have been duly notified to the 
computerised database for animals.  
The checks referred to in point (b) of the first subparagraph may be 
made on the basis of a random sample. When this sample check reveals 
any non-compliance, all animals shall be checked, or conclusions from 
the sample shall be extrapolated.  
Article 43  
Control report in relation to animal aid schemes and animal-related 
support measures  
1. Every on-the-spot check under this Section shall be the subject of 
a control report which makes it possible to review the details of the 
checks carried out. The report shall indicate in particular:  
(a) the animal aid schemes and/or animal-related support measures and 
livestock aid applications and/or payment claims checked;  
(b) the persons present;  
(c) the number and type of animals found and, where applicable, the 
ear tag numbers, entries in the register and in the computerised 
databases for animals and any supporting documents checked, the 
results of the checks and, where applicable, particular observations 
in respect of individual animals and/or their identification code;  
(d) whether notice was given to the beneficiary of the visit and, if so, 
the period of prior notice. Particularly where the limit of 48 hours 
referred to in Article 25 is exceeded the reason shall be stated in the 
control report;  
(e) indications of any specific control measures to be carried out in the 
context of the animal aid schemes and/or animal-related support 
measures;  
(f) indication of any further control measures to be carried out.  
2. The beneficiary shall be given the opportunity to sign the report 
during the check to attest his presence at the check and to add obser ­
vations. Where Member States make use of a control report established 
by electronic means during the check, the competent authority shall  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 44  
provide for the possibility of an electronic signature by the beneficiary 
or the control report shall be sent without delay to the beneficiary giving 
him the opportunity to sign the report and to add any observations. 
Where any non-compliance is found the beneficiary shall receive a 
copy of the control report.  
3. Where Member States carry out on-the-spot checks pursuant to 
this Regulation in conjunction with inspections pursuant to Regulation 
(EC) No 1082/2003, the control report shall be supplemented by reports 
in accordance with Article 2(5) of that Regulation.  
4. Where on-the-spot checks carried out in accordance with this 
Regulation reveal cases of non-compliance with Title I of Regulation 
(EC) No 1760/2000 or Regulation (EC) No 21/2004, copies of the 
control report provided for in this Article shall be sent without delay 
to the authorities responsible for the implementation of those Regu ­
lations.  
CHAPTER IV  
Specific rules  
Article 44  
Rules on control results in respect of regional or collective ecological 
focus areas  
In the case of regional or collective implementation in accordance with 
Article 46(5) or (6) of Regulation (EU) No 1307/2013, the area of the 
common contiguous ecological focus areas determined shall be allocated 
to each participant proportionally to his share in the common ecological 
areas based on what he has declared pursuant to Article 18 of this 
Regulation.  
For the purpose of applying Article 26 of Delegated Regulation (EU) 
No 640/2014 to each participant in a regional or collective implemen ­
tation, the ecological focus area determined shall be the sum of the 
allocated share of the common ecological focus areas determined as 
referred to in the first subparagraph of this Article and the ecological 
focus areas determined in respect of the individual obligation.  
▼M3 __________  
▼B 
TITLE IV  
NON-AREA-RELATED AND NON-ANIMAL-RELATED RURAL 
DEVELOPMENT MEASURES  
CHAPTER I  
Introductory provision  
Article 46  
Scope  
This Title shall apply to expenditure incurred under the measures 
provided for in Articles 14 to 20, Article 21(1) with the exception of 
the annual premium under points (a) and (b), Article 27, Article 28(9), 
Articles 35 and 36 and Article 51(2) of Regulation (EU) No 1305/2013, 
in Article 35(1) of Regulation (EU) No 1303/2013 and in Article 20,  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 45  
Article 36(a)(vi), (b)(ii), (vi) and (vii), Article 36(b)(i) and (iii) as far as 
the establishment cost is concerned, and Articles 52 and 63 of Regu ­
lation (EC) No 1698/2005.  
CHAPTER II  
Checks  
S e c t i o n 1  
G e n e r a l p r o v i s i o n s  
Article 47  
Applications for support, payment claims and other declarations  
1. Member States shall provide for appropriate procedures for 
submitting applications for support, payment claims and other declar ­
ations relating to non-area-related or non-animal-related rural develop ­
ment measures.  
2. For measures under Articles 15(1)(b), 16(1) and 19(1)(c), and 
Article 27 of Regulation (EU) No 1305/2013, the beneficiary shall 
submit an annual payment claim.  
S e c t i o n 2  
P r o v i s i o n s f o r c h e c k s  
Article 48  
Administrative checks  
1. Administrative checks shall be carried out on all applications for 
support, payment claims or other declarations required to be submitted 
by a beneficiary or a third party, and shall cover all elements that can be 
checked and are appropriate to be checked by means of administrative 
checks. The procedures shall require recording of the control work 
undertaken, the results of the verification and the measures taken in 
the event of discrepancies.  
2. Administrative checks on applications for support shall ensure the 
compliance of the operation with applicable obligations established by 
Union or national law or by the rural development programme, 
including those of public procurement, State aid and other obligatory 
standards and requirements. The checks shall in particular include verifi ­
cation of:  
(a) the eligibility of the beneficiary;  
(b) the eligibility criteria, commitments and other obligations of the 
operation for which support is requested;  
▼M4 
(c) compliance with the selection criteria, where those criteria apply;  
▼B 
(d) the eligibility of the costs of the operation, including compliance 
with the category of costs or calculation method to be used when 
the operation or part of it falls under Article 67(1)(b), (c) and (d) of 
Regulation (EU) No 1303/2013;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 46  
(e) for costs referred to in Article 67(1)(a) of Regulation (EU) No 
1303/2013, excluding contributions in kind and depreciation, a 
verification of the reasonableness of the costs submitted. The 
costs shall be evaluated using a suitable evaluation system, such 
as reference costs, a comparison of different offers or an evaluation 
committee. For operations with a support rate up to 30 % or for 
operations supported under Article 35 of Regulation (EU) No 
1305/2013, the verification of the reasonableness of the costs may 
be carried out at the stage of the administrative checks on payment 
claims. For operations with eligible costs up to EUR 5 000, the 
reasonableness of the costs may be established by a draft budget 
agreed  ex ante  by the managing authority.  
▼B 
3. Administrative checks on payment claims shall include in 
particular, and where appropriate for the claim in question, verification 
of: 
▼M4 
(a) the completed operation compared with the operation for which the 
application for support was granted;  
(b) the costs incurred and the payments made, except where a form or 
method as referred to in Article 67(1)(b), (c) or (d) of Regulation 
(EU) No 1303/2013 is applied.  
▼B 
4. Administrative checks shall include procedures to avoid irregular 
double financing with other Union or national schemes and with the 
previous programming period. Where financing from other sources 
exists, those checks shall ensure that the total support received does 
not breach the maximum permissible amounts or support rates.  
5. Administrative checks on investment operations shall include at 
least one visit to the operation supported or the investment site to verify 
the realisation of the investment.  
However, the competent authority may decide not to carry out such 
visits for duly justified reasons, such as the following:  
(a) the operation is included in the sample for an on-the-spot check to 
be carried out in accordance with Article 49;  
(b) the competent authority considers that the operation in question is a 
small investment;  
(c) the competent authority considers that the risk that the conditions 
for receiving support are not met is low, or that the risk that the 
investment has not been realised is low.  
The decision referred to in the second subparagraph and its justification 
shall be recorded.  ▼M4
 02014R0809 — EN — 16.05.2018 — 005.001 — 47  
6. As regards the financial instruments referred to in Article 38(1)(b) 
of Regulation (EU) No 1303/2013, paragraphs 1 to 5 of this Article 
shall neither apply to the contribution to the financial instrument nor to 
the support to the final recipient. However, Articles 58 and 59 of 
Regulation (EU) No 1306/2013 and Article 9 of Commission 
Delegated Regulation (EU) No 480/2014 (  1 ) shall apply.  
▼B 
Article 49  
On-the-spot-checks  
1. Member States shall organise on-the-spot checks on approved 
operations using an appropriate sampling basis. Those checks shall, to 
the extent possible, be carried out before the final payment is made for 
an operation.  
2. The inspectors undertaking the on-the-spot check shall not have 
been involved in administrative checks of the same operation.  
Article 50  
Control rate and sampling of on-the-spot-checks  
1. ►M4 The expenditure covered by on-the-spot checks shall 
represent at least 5 % of the expenditure referred to in Article 46 and 
co-financed by the European Agricultural Fund for Rural Development 
(EAFRD) which is claimed to the paying agency each calendar year and 
which does not concern operations for which only advance payments 
have been claimed. ◄ 
▼M2 
Where an operation subject to on-the-spot check has received advance 
or interim payments, those payments shall be counted towards the 
expenditure covered by on-the-spot checks as referred to in the first 
subparagraph.  
▼M4 
As regards financial instruments, only the payments to the final 
recipients subject to on-the-spot checks shall be counted towards the 
expenditure covered by on-the-spot checks as referred to in the 
first subparagraph.  
▼B 
2. ►M4 Only checks carried out until the date foreseen for 
submission of the control data and control statistics according to 
Article 9 shall be counted towards the achievement of the minimum 
level referred to in paragraph 1. ◄ ▼M4 
( 1 ) Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 
supplementing Regulation (EU) No 1303/2013 of the European Parliament 
and of the Council laying down common provisions on the European 
Regional Development Fund, the European Social Fund, the Cohesion 
Fund, the European Agricultural Fund for Rural Development and the 
European Maritime and Fisheries Fund and laying down general provisions 
on the European Regional Development Fund, the European Social Fund, the 
Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 
13.5.2014, p. 5).
 02014R0809 — EN — 16.05.2018 — 005.001 — 48  
Payment claims found not to be eligible after administrative checks shall 
not be counted towards the achievement of the minimum level referred 
to in paragraph 1.  
3. Only checks meeting all the requirements of Articles 49 and 51 
may be counted towards achievement of the minimum level referred to 
in paragraph 1.  
4. The sample of approved operations to be checked in accordance 
with paragraph 1 shall take into account in particular:  
(a) the need to check an appropriate mix of types and sizes of oper ­
ations;  
(b) any risk factors identified following national or Union checks;  
(c) the type of operation’s contribution to the risk of error in implemen ­
tation of the rural development programme;  
(d) the need to maintain a balance between the measures and types of 
operations;  
(e) the need to select randomly between 30 % and 40 % of expenditure.  
5. Where on-the-spot checks reveal any significant non-compliance 
in the context of a support measure or type of operation, the competent 
authority shall increase the control rate to an appropriate level in the 
following calendar year for the measure or type of operation concerned.  
6. By way of derogation from paragraph 1, Member States may 
decide to reduce the minimum level of on-the-spot checks carried out 
each calendar year as referred to in paragraph 1 to 3 % of the amount 
co-financed by EAFRD.  
Member States may apply the first subparagraph only if the general 
conditions for reducing the minimum level of on-the-spot checks laid 
down by the Commission in accordance with Article 62(2)(b) of Regu ­
lation (EU) No 1306/2013 are fulfilled.  
Where any of the conditions referred to in the second subparagraph are 
no longer met, Member States shall immediately revoke their decision 
to reduce the minimum level of on-the-spot checks. They shall apply the 
minimum level of on-the-spot checks referred to in paragraph 1 as of 
the following calendar year.  
Article 51  
Content of the on-the-spot-checks 
▼M4 
1. On-the-spot checks shall verify that the operation has been im ­
plemented in accordance with the applicable rules and shall cover all the 
eligibility criteria, commitments and other obligations relating to the 
conditions for the granting of support, which can be checked at the 
time of the visit and have not been the subject of administrative 
checks. They shall ensure that the operation is eligible for an EAFRD 
support.  
▼B 
2. On-the-spot checks shall verify the accuracy of the data declared 
by the beneficiary against underlying documents.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 49  
This includes a verification that the payment claims submitted by the 
beneficiary are supported by accounting or other documents, including, 
where necessary, a check on the accuracy of the data in the payment 
claim on the basis of data or commercial documents held by third 
parties.  
3. On-the-spot checks shall verify that the use or intended use of the 
operation is consistent with the use described in the application for 
support and for which the support was granted.  
4. Except in exceptional circumstances, duly recorded and explained 
by the competent authorities, on-the-spot checks shall include a visit to 
the place where the operation is implemented or, if the operation is 
intangible, to the operation promoter.  
▼M4 
5. As regards the financial instruments referred to in Article 38(1)(b) 
of Regulation (EU) No 1303/2013, paragraphs 1 to 4 of this Article 
shall neither apply to the contribution to the financial instrument nor to 
the support to the final recipient. However, Articles 58 and 59 of 
Regulation (EU) No 1306/2013 and Article 9 of Delegated Regulation 
(EU) No 480/2014 shall apply.  
▼B 
Article 52  
Ex-post checks  
1. Ex-post checks shall be carried out on investment operations to 
verify the respect of commitments pursuant to Article 71 of Regulation 
(EU) No 1303/2013 or detailed in the rural development programme.  
2. The  ex-post  checks shall cover in each calendar year at least 1 % 
of EAFRD expenditure for investment operations that are still subject to 
commitment as referred to in paragraph 1 and for which the final 
payment has been made from the EAFRD. Only checks carried out 
until the end of the calendar year in question shall be taken into 
account.  
3. The sample for operations to be checked in accordance with 
paragraph 1 shall be based on an analysis of the risks and financial 
impact of different operations, types of operations or measures. Between 
20 % and 25 % of the sample shall be selected randomly.  
Article 53  
Control report  
1. Every on-the-spot check under this Section shall be the subject of 
a control report which makes it possible to review the details of the 
checks carried out. The report shall indicate in particular:  
(a) the measures and applications or payment claims checked;  
(b) the persons present;  
(c) whether notice was given to the beneficiary of the visit and, if so, 
the period of prior notice;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 50  
(d) the results of the checks and, where applicable, any particular obser ­
vations;  
(e) any further control measures to be carried out.  
2. Paragraph 1 shall apply  mutatis mutandis  to ex-post  checks under 
this Section.  
3. The beneficiary shall be given the opportunity to sign the report 
during the check, to attest the beneficiary’s presence at the check and to 
add observations. Where Member States make use of a control report 
established by electronic means during the check, the competent 
authority shall provide for the possibility of an electronic signature by 
the beneficiary or the control report shall be sent without delay to the 
beneficiary giving him the opportunity to sign the report and to add any 
observations. Where any non-compliance is found, the beneficiary shall 
receive a copy of the control report.  
S e c t i o n 3  
P r o v i s i o n s o n c h e c k s f o r s p e c i f i c m e a s u r e s 
▼M4 __________  
▼B 
Article 60  
LEADER  
1. Member States shall implement an appropriate system for super ­
vision of local action groups.  
2. In respect of expenditure incurred under Article 35(1)(b) and (c) of 
Regulation (EU) No 1303/2013, Member States may delegate the 
carrying out of the administrative checks provided for in Article 48 
of this Regulation to local action groups by a formal act. However, 
Member States shall remain responsible for verifying that those local 
action groups have the administrative and control capacity to undertake 
that work.  
In case of delegation referred to in the first subparagraph, the competent 
authority shall carry out regular checks of the local action groups, 
including bookkeeping checks and repetition of administrative checks 
on a sample basis.  
The competent authority shall also carry out on-the-spot checks as 
referred to in Article 49 of this Regulation. As regards the control 
sample for expenditure concerning LEADER, at least the same 
percentage as that referred to in Article 50 of this Regulation shall 
apply.  
3. In respect of expenditure incurred under Article 35(1)(a), (d) and 
(e) of Regulation (EU) No 1303/2013 and Article 35(1)(b) and (c) of 
that Regulation where the local action group itself is the beneficiary of 
the support, administrative checks shall be carried out by persons inde ­
pendent of the local action group concerned.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 51  
4. By way of derogation from Article 48(2)(e), in respect of oper ­
ations implemented by a local action group and covering a group of 
projects under a common theme, the verification of the reasonableness 
of costs may be carried out at the stage of the administrative checks on 
payment claims concerning that group of projects.  
▼B 
Article 61  
Interest rate and guarantee fee subsidies  
1. In respect of expenditure incurred under Article 69(3)(a) of Regu ­
lation (EU) No 1303/2013, administrative checks and on-the- spot 
checks shall be carried out with reference to the beneficiary and 
depending on the realisation of the operation concerned.  
►M4 __________  ◄ 
▼M4 
2. The competent authority shall ensure, via administrative checks 
and, if necessary, via in-situ visits to the intermediate financial insti ­
tutions and to the beneficiary, that the payments to the intermediate 
financial institutions are in conformity with Union law and with the 
agreement concluded between the competent authority and the inter ­
mediate financial institution.  
▼B 
3. If interest rate or guarantee fee subsidies are combined with 
financial instruments in a single operation targeting the same final 
recipients, the competent authority shall carry out checks at the level 
of final recipients only in those cases established in Article 40(3) of 
Regulation (EU) No 1303/2013.  
Article 62  
Technical assistance at the initiative of the Member States  
In respect of expenditure incurred under Article 51(2) of Regulation 
(EU) No 1305/2013, Articles 48 to 51 and Article 53 of this Regulation 
shall apply  mutatis mutandis . 
Administrative checks referred to in Article 48 and on-the-spot checks 
referred to in Article 49 shall be carried out by an entity which is 
functionally independent from the entity authorising the payment of 
the technical assistance.  
CHAPTER III  
Undue payments and administrative penalties  
Article 63  
Partial or full withdrawal of the support and administrative 
penalties  
1. Payments shall be calculated on the basis of amounts found to be 
eligible during the administrative checks referred to in Article 48.  ▼M4
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The competent authority shall examine the payment claim received from 
the beneficiary, and establish the amounts that are eligible for support. It 
shall establish:  
(a) the amount that is payable to the beneficiary based on the payment 
claim and the grant decision;  
(b) the amount that is payable to the beneficiary after an examination of 
the eligibility of the expenditure in the payment claim.  
If the amount established pursuant to point (a) of the second subpara ­
graph exceeds the amount established pursuant to point (b) of that 
subparagraph by more than 10 %, an administrative penalty shall be 
applied to the amount established pursuant to that point (b). The amount 
of the penalty shall be the difference between those two amounts but 
shall not go beyond full withdrawal of the support.  
However, no penalties shall be applied if the beneficiary can demon ­
strate to the satisfaction of the competent authority that he is not at fault 
for the inclusion of the ineligible amount or if the competent authority is 
otherwise satisfied that the beneficiary concerned is not at fault.  
▼M4 
2. The administrative penalty referred to in paragraph 1 shall be 
applied  mutatis mutandis  to non-eligible expenditure identified during 
on-the-spot checks referred to in Article 49.  
▼B 
TITLE V  
CONTROL SYSTEM AND ADMINISTRATIVE PENALTIES IN 
RELATION TO CROSS COMPLIANCE  
CHAPTER I  
Common provisions  
Article 64  
Definitions  
For the purposes of the technical specifications needed for the im ­
plementation of the control system and administrative penalties in 
relation to cross-compliance, the following definitions shall apply:  
(a) ‘specialised control bodies’ means the national competent control 
authorities, as referred to in Article 67 of this Regulation, 
responsible for ensuring compliance with the rules referred to in 
Article 93 of Regulation (EU) No 1306/2013;  
(b) ‘act’ means each of the individual Directives and Regulations listed 
in Annex II to Regulation (EU) No 1306/2013;  
(c) ‘year of the finding’ means the calendar year in which the admin ­
istrative or on-the-spot check was carried out;  
(d) ‘areas of cross-compliance’ means any of the three different areas 
referred to in Article 93(1) of Regulation (EU) No 1306/2013 and 
the maintenance of permanent pasture as referred to in Article 93(3) 
of that Regulation.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 53  
CHAPTER II  
Control  
S e c t i o n 1  
G e n e r a l p r o v i s i o n s  
Article 65  
Control system as regards cross-compliance  
1. Member States shall establish a system guaranteeing effective 
control of the respect of cross-compliance. That system shall, in 
particular provide for:  
(a) where the competent control authority is not the paying agency, the 
transfer of the necessary information concerning the beneficiaries 
referred to in Article 92 of Regulation (EU) No 1306/2013 from the 
paying agency to the specialised control bodies and/or, where appli ­
cable, via the coordinating authority;  
(b) the methods to be applied for the selection of control samples;  
(c) indications with regard to the nature and extent of the checks to be 
carried out;  
(d) control reports containing in particular any detected non-compliance 
and an assessment of its severity, extent, permanence and reoccur ­
rence;  
(e) where the competent control authority is not the paying agency, the 
transfer of the control reports from the specialised control bodies 
either to the paying agency or the coordinating authority or both;  
(f) the application of the system of reductions and exclusions by the 
paying agency.  
2. Member States may provide for a procedure according to which 
the beneficiary indicates to the paying agency the elements necessary to 
identify the requirements and standards applicable to him.  
Article 66  
Payment of aid in relation to checks of cross-compliance  
With regard to checks of cross-compliance where such checks cannot be 
finalised before payments and annual premia referred to in Article 92 of 
Regulation (EU) No 1306/2013 are received by the beneficiary 
concerned, the amount due to be paid by the beneficiary as a result 
of any administrative penalty shall be recovered in accordance with 
Article 7 of this Regulation or by offsetting.  ▼B
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Article 67  
Responsibility of the competent control authority  
1. The responsibilities of the competent control authorities shall be as 
follows:  
(a) the specialised control bodies shall bear the responsibility for 
carrying out the control and checks on the respect of the 
requirements and standards in question;  
(b) the paying agencies shall bear the responsibility for fixing admin ­
istrative penalties in individual cases in accordance with Chapter II 
of Title IV of Delegated Regulation (EU) No 640/2014 and Chapter 
III of this Title.  
2. By way of derogation from paragraph 1, Member States may 
decide that the control and checks in relation to all or certain require ­
ments, standards, acts, or areas of cross-compliance are to be carried out 
by the paying agency, provided that the Member State guarantees that 
the effectiveness of the control and checks is at least equal to that 
achieved when the control and checks are carried out by a specialised 
control body.  
S e c t i o n 2  
O n - t h e - s p o t c h e c k s  
Article 68  
Minimum control rate  
1. The competent control authority shall, with regard to the 
requirements and standards for which it is responsible, carry out on- 
the-spot checks on at least 1 % of the total number of the beneficiaries 
referred to in Article 92 of Regulation (EU) No 1306/2013 and for 
which the competent control authority in question is responsible.  
By way of derogation from the first subparagraph, in the case of groups 
of persons as referred to in Articles 28 and 29 of Regulation (EU) No 
1305/2013 each individual member of those groups may be considered 
as beneficiary for the purpose of calculating the control sample as 
specified in the first subparagraph.  
The minimum control rate referred to in the first subparagraph may be 
reached at the level of each competent control authority or at the level 
of each act or standard or group of acts or standards. Where the checks 
are not carried out by the paying agency, this minimum control rate may 
however be reached at the level of each paying agency.  
Where the legislation applicable to the act and standards already fixes a 
minimum control rate, that rate shall be applied instead of the minimum 
rate referred to in the first subparagraph. 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 provisions of this Chapter and Chapters I, II and III of Title III 
shall apply.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 55  
As regards the cross-compliance obligations in relation to Directive 
96/22/EC, the application of a specific sampling level of monitoring 
plans shall be considered to fulfil the requirement of the minimum 
rate mentioned in the first subparagraph.  
2. By way of derogation from paragraph 1, in order to reach the 
minimum control rate referred to in that paragraph at the level of 
each act or standard or group of acts or standards, the Member State 
may:  
(a) use the results of on-the-spot checks carried out pursuant to the 
legislation applicable to those acts and standards for the selected 
beneficiaries; or  
(b) replace selected beneficiaries by beneficiaries subject to an on-the- 
spot check carried out pursuant to the legislation applicable to those 
acts and standards, provided that those beneficiaries are bene ­
ficiaries as referred to in Article 92 of Regulation (EU) No 
1306/2013.  
In such cases the on-the-spot checks shall cover all aspects of the 
relevant acts or standards as defined under cross-compliance. 
Furthermore the Member State shall ensure that the effectiveness of 
those on-the-spot checks is at least equal to that achieved when the 
on-the-spot checks are carried out by competent control authorities.  
3. When establishing the minimum control rate referred to in 
paragraph 1 of this Article, the required actions as referred to in 
Article 97(3) of Regulation (EU) No 1306/2013, shall not be taken 
into account.  
4. 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.  
5. When a Member State decides to make use of the option provided 
for in Article 97(3) of Regulation (EU) No 1306/2013, the actions 
necessary to verify that the beneficiaries have remedied the situation 
of non-compliance concerned shall apply on a sample of 20 % of those 
beneficiaries.  
Article 69  
Selection of the control sample  
1. The selection of the sample of farms to be checked in accordance 
with Article 68 shall be based, where applicable, on a risk analysis 
according to the applicable legislation, or on a risk analysis appropriate 
to the requirements or standards. That risk analysis may be based on the 
level of an individual farm or on the level of categories of farms or 
geographical zones.  
The risk analysis may take into account one or both of following:  
(a) a beneficiary’s participation in the farm advisory system established 
pursuant to Article 12 of Regulation (EU) No 1306/2013;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 56  
(b) a beneficiary’s participation in a certification system if the scheme 
in question is relevant for the requirements and standards concerned.  
A Member State may decide on the basis of a risk analysis to exclude 
beneficiaries participating in a certification system as referred to in point 
(b) of the second subparagraph from the risk-based control sample. 
However, when the certification system only covers part of the 
requirements and standards to be respected under cross-compliance by 
the beneficiary, appropriate risk factors shall be applied for the 
requirements or standards that are not covered by the certification 
system.  
When the analysis of control results reveals that there is a significant 
frequency of non-compliance with the requirements or standards 
included in a certification system as referred to in point (b) of the 
second subparagraph, the risk factors related to the requirements or 
standards concerned shall be re-assessed.  
2. Paragraph 1 shall not apply to checks carried out as a follow-up of 
any non-compliance brought to the attention of the competent control 
authority in any other way. However, it shall apply to checks carried out 
as follow-up under the second subparagraph of Article 97(3) of Regu ­
lation (EU) No 1306/2013.  
3. To provide the element of representativeness, between 20 % and 
25 % of the minimum number of beneficiaries to be subject to on-the- 
spot checks as provided for in the first subparagraph of Article 68(1), 
shall be selected randomly. However, if the number of beneficiaries to 
be subject to on-the-spot checks exceeds that minimum number, the 
percentage of randomly selected beneficiaries in the additional sample 
shall not exceed 25 %.  
4. A partial selection of the control sample may, where appropriate, 
be made before the end of the application period in question, on the 
basis of available information. The provisional sample shall be 
completed when all relevant applications are available.  
5. The sample of beneficiaries to be checked in accordance with 
Article 68(1) may be selected from the samples of beneficiaries which 
were already selected pursuant to Articles 30 to 34 and to whom the 
relevant requirements or standards apply. However, this possibility does 
not apply to the control of beneficiaries under the support schemes in 
the wine sector referred to in Articles 46 and 47 of Regulation (EU) No 
1308/2013.  
6. By way of derogation from Article 68(1), the samples of bene ­
ficiaries to be checked on the spot may be selected at the minimum rate 
of 1 %, separately from each of the following populations of bene ­
ficiaries who are under the cross-compliance obligations in accordance 
with Article 92 of Regulation (EU) No 1306/2013:  
(a) beneficiaries receiving direct payments under Regulation (EU) No 
1307/2013;  
(b) beneficiaries receiving support in the wine sector under Articles 46 
and 47 of Regulation (EU) No 1308/2013;  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 57  
(c) beneficiaries receiving the annual premia under Article 21(1)(a) and 
(b) and Articles 28 to 31, 33 and 34 of Regulation (EU) No 
1305/2013.  
7. Where it is concluded, on the basis of the risk analysis applied at 
farm level, that non-beneficiaries represent a higher risk than the bene ­
ficiaries referred to in Article 92 of Regulation (EU) No 1306/2013 
those beneficiaries may be replaced by non-beneficiaries. In that case, 
the overall number of farmers checked shall, nevertheless, attain the 
control rate provided for in Article 68(1) of this Regulation. The 
reasons for such replacements shall be properly justified and docu ­
mented.  
8. The procedures set out in paragraphs 5 and 6 may be combined 
where such a combination increases the effectiveness of the control 
system.  
Article 70  
Determination of the compliance with the requirements and 
standards  
1. Where applicable, the respect of the requirements and standards 
shall be determined by the use of means as provided for in the legis ­
lation applicable to the requirement or standard in question.  
2. In other cases and where appropriate, the determination shall be 
carried out by the use of any appropriate means decided by the 
competent control authority which ensure precision at least equivalent 
to that required for official determinations under the national rules.  
▼M6 
3. Where appropriate, the on-the-spot checks may be carried out by 
applying remote-sensing techniques or by using Copernicus Sentinels 
satellite data or other data with at least equivalent value.  
▼B 
Article 71  
Elements of the on-the-spot checks  
1. When carrying out the checks on the sample provided for in 
Article 68(1), the competent control authority shall ensure that all bene ­
ficiaries selected are checked with regard to their compliance with the 
requirements and standards for which the competent control authority is 
responsible.  
Notwithstanding the first subparagraph, where the minimum control rate 
is reached at the level of each act or standard or group of acts or 
standards as provided for in the third subparagraph of Article 68(1), 
the beneficiaries selected shall be checked with regard to their 
compliance with the act or standard or group of acts and standards in 
question.  
When a group of persons as referred to in Articles 28 and 29 of 
Regulation (EU) No 1305/2013 is selected in the sample provided for 
in Article 68(1) of this Regulation, the competent control authority shall 
ensure that all members of the group are checked with regard to their 
compliance with the requirements and standards for which they are 
responsible.  ▼B
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In general, each beneficiary selected for an on-the-spot check shall be 
checked at a time when most requirements and standards for which he 
was selected may be checked. However, Member States shall ensure 
that an appropriate level of control for all requirements and standards is 
achieved during the year.  
2. On-the-spot checks shall, where applicable, cover all the agri ­
cultural land of the holding. Nevertheless, the actual inspection in the 
field as part of an on-the-spot check may be limited to a sample of at 
least half of the agricultural parcels concerned by the requirement or 
standard on the holding, provided that such sample guarantees a reliable 
and representative level of control in respect of requirements and stan ­
dards.  
The first subparagraph shall be without prejudice to the calculation and 
application of the administrative penalty as referred to in Chapter II of 
Title IV of Delegated Regulation (EU) No 640/2014 and in Chapter III 
of this Title. When the sample check referred to in the first subpara ­
graph reveals non-compliance, the sample of agricultural parcels 
actually inspected shall be increased.  
Furthermore, where the legislation applicable to the act or standards so 
provides, the actual inspection of the compliance with the requirements 
and standards as part of an on-the-spot check may be limited to a 
representative sample of the objects to check. However, the Member 
States shall ensure that the checks are carried out on all requirements 
and standards for which the compliance may be checked at the time of 
the visit.  
3. The checks referred to in paragraph 1 shall, as a general rule, be 
carried out as part of one visit. They shall consist of a verification of the 
requirements and standards the compliance with which may be checked 
at the time of that visit. The aim of those checks shall be to detect any 
possible non-compliance with those requirements and standards and, in 
addition, to identify cases to be submitted for further checks.  
4. On-the-spot checks at farm level may be replaced by administra ­
tive checks, provided that the Member State ensures that administrative 
checks are at least as effective as on-the-spot checks.  
5. When carrying out on-the-spot checks, Member States may make 
use of objective control indicators specific to certain requirements and 
standards, provided they ensure that the effectiveness of the control of 
the requirements and standards concerned is at least equal to on-the-spot 
checks carried out without the use of indicators.  
The indicators shall have a direct link to the requirements or standards 
they represent and cover all elements to be checked when controlling 
that or those requirements or standards.  
6. On-the-spot checks related to the sample provided for in 
Article 68(1) of this Regulation shall be carried out within the same 
calendar year where the aid applications, and/or payment claims are 
submitted or, as regards to the applications for the support schemes in 
the wine sector under Articles 46 and 47 of Regulation (EU) No 
1308/2013, at any time during the period indicated in the second sub ­
paragraph of Article 97(1) of Regulation (EU) No 1306/2013.  ▼B
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Article 72  
Control report  
1. Every on-the-spot check carried out under this Title shall be the 
subject of a control report to be established by the competent control 
authority or under its responsibility.  
The report shall be divided into the following parts:  
(a) a general part containing, in particular, the following information:  
(i) the beneficiary selected for the on-the-spot check;  
(ii) the persons present;  
(iii) whether notice of the visit was given to the beneficiary and, if 
so, the period of advance prior notice;  
(b) a part reflecting separately the checks carried out in respect of each 
of the acts and standards and containing, in particular, the following 
information:  
(i) the requirements and standards subject to the on-the-spot 
check;  
(ii) the nature and extent of checks carried out;  
(iii) the findings;  
(iv) the acts and standards in relation to which any non- 
compliances are found;  
(c) an evaluation part giving an assessment of the importance of the 
non-compliance in respect of each act and/or standard on the basis 
of the criteria ‘severity’, ‘extent’, ‘permanence’ and ‘reoccurrence’ 
in accordance with Article 99(1) of Regulation (EU) No 1306/2013 
with an indication of any factors that should lead to an increase or 
decrease of the reduction to be applied.  
Where provisions relating to the requirement or standard in question 
leave a margin not to further pursue the non-compliance found, or 
where supports are granted pursuant to Article 17(5) and (6) of Regu ­
lation (EU) No 1305/2013, this shall be indicated in the report.  
2. Paragraph 1 shall apply regardless whether the beneficiary in 
question was selected for the on-the-spot check in accordance with 
Article 69, checked on the spot pursuant to the legislation applicable 
to the acts and standards in accordance with Article 68(2) or as a 
follow-up of non-compliance brought to the attention of the 
competent control authority in any other way.  
3. The beneficiary shall be informed of any determined non- 
compliance within three months after the date of the on-the-spot check.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 60  
Unless the beneficiary has taken immediate remedial action putting an 
end to the non-compliance found within the meaning of the second 
subparagraph of Article 99(2) of Regulation (EC) No 1306/2013, the 
beneficiary shall be informed within the time limit set in the first sub ­
paragraph of this paragraph that remedial action shall be taken pursuant 
to the second subparagraph of Article 99(2) of Regulation (EC) No 
1306/2013.  
Unless the beneficiary has taken immediate remedial action putting an 
end to the non-compliance found within the meaning of Article 97(3) of 
Regulation (EC) No 1306/2013, the beneficiary concerned shall be 
informed, at the latest within one month after the decision not to 
apply the administrative penalty provided for in that Article, that 
remedial action shall be taken.  
4. Without prejudice to any particular provisions contained in the 
legislation applicable to the requirements and standards, the control 
report shall be finalised within one month after the on-the-spot check. 
However, that period may be extended to three months under duly 
justified circumstances, in particular if chemical or physical analysis 
so requires.  
Where the competent control authority is not the paying agency, the 
control report and, when requested, the relevant supporting documents 
shall be sent or made accessible to the paying agency or the coor ­
dinating authority within a month after its finalisation.  
However, where the report does not contain any findings, a Member 
State may decide that such report is not sent, provided that it is made 
directly accessible to the paying agency or coordinating authority one 
month after its finalisation.  
CHAPTER III  
Calculation and application of administrative penalties  
Article 73  
General principles  
1. Where more than one paying agency is responsible for the 
management of the different schemes listed in Annex I to Regulation 
(EU) No 1307/2013, of the measures referred to in Article 21(1)(a) and 
(b) and Articles 28 to 31, 33 and 34 of Regulation (EU) No 1305/2013 
and of payments related to the support schemes in the wine sector 
referred to in Articles 46 and 47 of Regulation (EU) No 1308/2013, 
Member States shall ensure that determined non-compliances and, 
where applicable, any corresponding administrative penalties are 
brought to the attention of all paying agencies involved in those 
payments. This includes cases where the non-compliance with eligibility 
criteria also constitutes non-compliance with the rules on cross- 
compliance and vice versa. Member States shall ensure, when appli ­
cable, that one rate of reduction is applied.  
2. Where more than one case of non-compliance with regard to 
various acts or standards of the same area of cross-compliance have 
been determined, those cases shall, for the purpose of fixing the 
reduction provided for in Articles 39(1) and 40 of Delegated Regulation 
(EC) No 640/2014, be considered as one non-compliance.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 61  
3. A non-compliance with a standard which also constitutes a non- 
compliance with a requirement shall be considered to be one non- 
compliance. For the purpose of the calculation of reductions, the non- 
compliance shall be considered as part of the area of the requirement.  
4. The administrative penalty shall be applied to the total amount of 
the payments referred to in Article 92 of Regulation (EU) No 
1306/2013 granted or to be granted to that beneficiary:  
(a) following aid applications or payments claims he has submitted or 
will submit in the course of the year of the finding; and/or  
(b) in respect of applications for support schemes in the wine sector 
under Articles 46 and 47 of Regulation (EU) No 1308/2013.  
As regards point (b) of the first subparagraph, the relevant amount shall 
be divided by 3 for restructuring and conversion.  
5. In respect of a group of persons as referred to in Articles 28 and 
29 of Regulation (EU) No 1305/2013, the percentage of reduction shall 
be calculated in accordance with Chapter III of this Title and Chapter II 
of Title IV of Delegated Regulation (EC) No 640/2014. In that case 
Member States may, for the sake of proportionality, apply that 
percentage of reduction to the part of the subsidy allocated to the 
non-compliant member of the group.  
Article 74  
Calculation and application of administrative penalties in case of 
negligence  
1. Where more than one negligent non-compliance with regard to 
different areas of cross-compliance has been determined, the 
procedure for the fixing of the reduction as set out in Article 39(1) of 
Delegated Regulation (EU) No 640/2014 shall be applied individually to 
each non-compliance.  
The resulting percentages of reductions shall be added together. 
However, the maximum reduction shall not exceed 5 % of the total 
amount referred to in Article 73(4) of this Regulation.  
2. Where a reoccurrence is determined together with another non- 
compliance or another reoccurrence, the resulting percentage reductions 
shall be added together. The maximum reduction shall, however, not 
exceed 15 % of the total amount referred to in Article 73(4).  
Article 75  
Calculation and application of administrative penalties in case of 
intentional non-compliance  
In cases of intentional non-compliance of extreme extent, severity or 
permanence, the beneficiary shall, in addition to the penalty imposed 
and calculated in accordance with Article 40 of Delegated Regulation 
(EU) No 640/2014, be excluded from all the payments referred to in 
Article 92 of Regulation (EU) No 1306/2013 in the following calendar 
year.  ▼B
 02014R0809 — EN — 16.05.2018 — 005.001 — 62  
TITLE VI  
FINAL PROVISIONS  
Article 76  
Entry into force and application  
This Regulation shall enter into force on the seventh day following that 
of its publication in the  Official Journal of the European Union . 
It shall apply to aid applications, applications for support or payment 
claims relating to claim years or premium periods starting as from 
1 January 2015.  
This Regulation shall be binding in its entirety and directly applicable in 
all Member States.  
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