(1)

Due to the pandemic of COVID-19 and the extensive movement restrictions put in place in the Member States, exceptional administrative difficulties have been encountered in all Member States with the planning and execution of timely on-the-spot checks to the required number.

(2)

In view of the unprecedented nature of those circumstances, it was necessary to alleviate those difficulties by derogating from different Implementing Regulations applicable in the area of the common agricultural policy as regards certain administrative and on-the-spot checks.

(3)

Commission Implementing Regulation (EU) 2020/532 (4) contains derogations from, inter alia, Commission Implementing Regulations (EU) No 809/2014 (5), (EU) No 180/2014 (6) and (EU) No 181/2014 (7).

(4)

Article 22 of Implementing Regulation (EU) No 180/2014 and Article 20 of Implementing Regulation (EU) No 181/2014 provide that in all appropriate cases, Member States concerned shall make use of the integrated administration and control system when performing checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands. The derogations specified in Chapter I of Implementing Regulation (EU) 2020/532 in respect of controls performed in the integrated administration and control system for direct payments and cross compliance apply therefore mutatis mutandis for these controls.

(5)

Certain on-the-spot checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands are however performed outside of the integrated administration and control system, the derogations provided for in Chapter II of Implementing Regulation (EU) 2020/532 appeared not be sufficient to address the difficulties encountered in performing the on-the-spot-checks accurately and within the time limit, especially taking into account the geographical remoteness of the outermost regions.

(6)

Therefore it is appropriate to extend the derogations referred to in Chapter II of Implementing Regulation (EU) 2020/532 to the use of alternative evidence and/or adapted timing, provided that these could serve to verify the correct implementation of the measures while maintaining an appropriate level of assurance.

(7)

As this Regulation provides for an additional derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 in respect of claim year 2020 due to the pandemic of COVID-19, it should enter into force on the day of its publication in the Official Journal of the European Union and apply retroactively from the same date as Implementing Regulation (EU) 2020/532.

(8)

Article 59(5) of Regulation (EU) No 1306/2013 provides that Member States are to ensure a minimum level of on-the-spot checks needed for an effective management of the risks, and are to increase that minimum level where necessary. Considering the nature of these obligations and the proportionality of the control efforts in the circumstances of the pandemic of COVID-19, Member States making use of the derogations provided for in Implementing Regulation (EU) 2020/532 should be allowed not to take into account, in respect of the following claim year, the results of the checks performed. However, the increase in control rates that should have been applied in claim year 2020, should be applied by means of a corresponding increase in claim year 2021.

(9)

Implementing Regulation (EU) 2020/532 should therefore be amended accordingly.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments.

(1)

in Article 12, the following paragraphs are added:

(2)

in Article 13, the following paragraphs are added: