
Article 1 
Regulation (EC) No 1122/2009 is amended as follows:

1.. Article 6(2) is replaced by the following:
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2. Member States shall annually assess the quality of the identification system for agricultural parcels. That assessment shall cover the following quality elements:
(a) the correct quantification of the maximum eligible area;
(b) the proportion and distribution of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account;
(c) the categorisation of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account;
(d) the occurrence of reference parcels with critical defects;
(e) the ratio of declared area in relation to the maximum eligible area inside the reference parcels;
(f) the percentage of reference parcels which have been subject to change, accumulated over the years;
(g) the rate of irregularities determined during on-the-spot checks.When performing the assessment referred to in the first subparagraph, Member States shall:
(a) use data allowing to assess the current situation on the ground;
(b) select an adequate random sample of all reference parcels.An assessment report and, where appropriate, the remedial actions and the timetable for their implementation shall be sent to the Commission by 31 January following the calendar year in question at the latest. However, in respect of the calendar year 2010, this information shall be sent to the Commission by 28 February 2011 at the latest.'
2.. In Article 7(1), point (f) is replaced by the following:
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((f)) kind of entitlement, in particular special entitlements provided for in Article 44 of Regulation (EC) No 73/2009, entitlements allocated in accordance with Article 68(1)(c) of Regulation (EC) No 73/2009 and payment entitlements subject to a derogation as provided for in Article 64(2) of Regulation (EC) No 73/2009;'
3.. In Article 28(1)(a), the words ‘Annexes I and IV’ are replaced by ‘Annexes I and VI’.
4.. In Article 50, the following paragraph 1a is inserted:
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1a. 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 farmers; or
(b) replace selected farmers by farmers subject to an on-the-spot check carried out pursuant to the legislation applicable to those acts and standards provided that those farmers are submitting aid applications under support schemes for direct payments within the meaning of Article 2(d) of Regulation (EC) No 73/2009 or under support schemes which are subject to the application of Articles 85t and 103z of Regulation (EC) No 1234/2007.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.'
5.. In Article 51(1), the following subparagraphs are inserted after the second subparagraph:
'A Member State may decide on the basis of a risk analysis to exclude farmers 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 farmer, 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 and, where appropriate, increased.'
6.. Article 54 is amended as follows:

((a)) In paragraph 1, the first subparagraph is replaced by the following:
'Every on-the-spot check under this Chapter, regardless whether the farmer in question was selected for the on-the-spot check in accordance with Article 51, checked on-the-spot pursuant to the legislation applicable to the acts and standards in accordance with Article 50(1a) or as a follow-up of non-compliances brought to the attention of the competent control authority in any other way, shall be the subject of a control report to be established by the competent control authority or under its responsibility.'
((b)) In paragraph 3, the following subparagraph is added:
'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.'
7.. In Article 62, the words ‘Article 30(1) and (2)’ are replaced by ‘Article 29(1) and (2)’.
Article 2 
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 relating to marketing years or premium periods starting from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 23 February 2010.
For the Commission
The President
José Manuel BARROSO