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Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
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Regulation (EU) No 1306/2013 of the European Parliament and of the Council, Article 81 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.The accuracy of primary data under scrutiny shall be verified by a number of cross-checks, including, where necessary, the commercial documents of third parties, appropriate to the degree of risk presented, including:
(a)comparisons with the commercial documents of suppliers, customers, carriers and other third parties;
(b)physical checks, where appropriate, upon the quantity and nature of stocks;
(c)comparison with the records of financial flows leading to or consequent upon the transactions carried out within the [F1system of financing of CMO support]; and
(d)checks, in relation to bookkeeping, or records of financial movements showing, at the time of the scrutiny, that the documents held by the paying agency by way of justification for the payment of aid to the beneficiary are accurate.
2.In particular, where undertakings are required to keep particular book records of stock in accordance with [F2the law applying in the constituent nation], scrutiny of those records shall, in appropriate cases, include a comparison with the commercial documents and, where appropriate, with the actual quantities in stock.
3.In the selection of transactions to be checked, full account shall be taken of the degree of risk presented.
Extent Information
E1This version of this provision extends to Wales, Scotland and Northern Ireland only; a separate version has been created for England only
Textual Amendments
F1Words in Art. 81(1)(c) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(20)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 81(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(20)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.The accuracy of [F3any] primary data under scrutiny [F4may] be verified by a number of cross-checks, including, where necessary, the commercial documents of third parties, appropriate to the degree of risk presented, including:
(a)comparisons with the commercial documents of suppliers, customers, carriers and other third parties;
(b)physical checks, where appropriate, upon the quantity and nature of stocks;
(c)comparison with the records of financial flows leading to or consequent upon the transactions carried out within the [F5system of financing of CMO support]; and
(d)checks, in relation to bookkeeping, or records of financial movements showing, at the time of the scrutiny, that the documents held by the paying agency by way of justification for the payment of aid to the beneficiary are accurate.
2.In particular, where undertakings are required to keep particular book records of stock in accordance with [F6the law applying in the constituent nation], [F7any] scrutiny of those records [F8may], in appropriate cases, include a comparison with the commercial documents and, where appropriate, with the actual quantities in stock.
F93.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to England only; a separate version has been created for Wales, Scotland and Northern Ireland only
Textual Amendments
F3Word in Art. 81(1) inserted (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), regs. 1(1), 6(3)(a)(i)
F4Word in Art. 81(1) substituted (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), regs. 1(1), 6(3)(a)(ii)
F5Words in Art. 81(1)(c) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(20)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 81(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(20)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in Art. 81(2) inserted (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), regs. 1(1), 6(3)(b)(i)
F8Word in Art. 81(2) substituted (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), regs. 1(1), 6(3)(b)(ii)
F9Art. 81(3) omitted (E.) (1.1.2024) by virtue of The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), regs. 1(1), 6(3)(c)
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